Opinion
2012-06-8
In the Matter of Maurice REEVES, Petitioner–Appellant, v. ERIE COUNTY DEPARTMENT OF SOCIAL SERVICES, Respondent–Respondent.
Appeal from an order of the Family Court, Erie County (Margaret O. Szczur, J.), entered June 8, 2011. The order dismissed the petitions with prejudice. Alan Birnholz, East Amherst, for petitioner-appellant. Joseph T. Jarzembek, Buffalo, for respondent-respondent.
Appeal from an order of the Family Court, Erie County (Margaret O. Szczur, J.), entered June 8, 2011. The order dismissed the petitions with prejudice.
Alan Birnholz, East Amherst, for petitioner-appellant. Joseph T. Jarzembek, Buffalo, for respondent-respondent.
David C. Schopp, Attorney for the Children, the Legal Aid Bureau of Buffalo, Inc., Buffalo (Charles D. Halvorsen of Counsel), for Jordan B. and Jayden G.
MEMORANDUM:
Petitioner appeals from an order dismissing his petitions seeking visitation with his stepsons on the ground that the evidence presented at the hearing was insufficient to determine whether visitation would be in the children's best interests. We affirm, but for a different reason. Contrary to the determination of Family Court, we conclude that petitioner lacks standing to seek visitation with the subject children ( see Bank v. White, 40 A.D.3d 790, 791, 837 N.Y.S.2d 181,lv. dismissed9 N.Y.3d 1002, 849 N.Y.S.2d 28, 879 N.E.2d 169;Matter of Boland v. Boland, 186 A.D.2d 1065, 1065, 588 N.Y.S.2d 485).
It is hereby ORDERED that the order so appealed from is unanimously affirmed without costs.