Opinion
2012-11-28
In the Matter of SHIRA L. (Anonymous), appellant, v. ZINDEL L. (Anonymous), respondent.
Law Office of Brynde Berkowitz, P.C., Woodmere, N.Y., for appellant. Jay C. Shoulson, Long Island City, N.Y., for respondent.
Law Office of Brynde Berkowitz, P.C., Woodmere, N.Y., for appellant. Jay C. Shoulson, Long Island City, N.Y., for respondent.
Roberta Chambers, Queens Village, N.Y., attorney for the children Aliza and Shlomo.
Eric Perlmutter, Jamaica, N.Y., attorney for the child Azriel.
In related custody and visitation proceedings pursuant to Family Court Act article 6, the mother appeals, by permission, from an order of the Family Court, Queens County (Hunt, J.), dated March 20, 2012, which awarded the father temporary unsupervised visitation with the parties' son Azriel.
ORDERED that the order is affirmed, with costs.
The Family Court did not improvidently exercise its discretion in granting the father temporary unsupervised visitation with the parties' son Azriel. Its determination had a sound and substantial basis in the record ( see Matter of Boggio v. Boggio, 96 A.D.3d 834, 945 N.Y.S.2d 764; Matter of DeSimone v. Delano, 94 A.D.3d 759, 941 N.Y.S.2d 267;Matter of Crowder v. Austin, 90 A.D.3d 753, 934 N.Y.S.2d 227). The Family Court possessed adequate relevant information to enable it to make an informed and provident determination with respect to the best interests of that child and, therefore, an evidentiary hearing was not necessary to render a temporary visitation determination ( see Matter of Donovan C., 65 A.D.3d 1041, 884 N.Y.S.2d 863;Bibas v. Bibas, 62 A.D.3d 924, 881 N.Y.S.2d 439;McAvoy v. Hannigan, 41 A.D.3d 791, 837 N.Y.S.2d 594;Assini v. Assini, 11 A.D.3d 417, 783 N.Y.S.2d 51; Matter of Levande v. Levande, 10 A.D.3d 723, 781 N.Y.S.2d 904).