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Smith v. Graves

Appellate Division of the Supreme Court of New York, Second Department
May 5, 2003
305 A.D.2d 419 (N.Y. App. Div. 2003)

Opinion

2002-00636

Argued April 21, 2003.

May 5, 2003.

In a proceeding pursuant to Family Court Act article 6, the father appeals, as limited by his brief, from so much of an order of the Family Court, Kings County (Freeman, J.), entered December 17, 2001, as denied his petition to suspend his child support obligation.

Jaha Smith, New York, N.Y. appellant pro se.

Carol Sherman, Brooklyn, N.Y. (Sheila A. O'Shea and Barbara H. Dildine of counsel), Law Guardian for the child.

Before: SONDRA MILLER, J.P., GABRIEL M. KRAUSMAN, DANIEL F. LUCIANO, WILLIAM F. MASTRO, JJ.


DECISION ORDER

ORDERED that the order is affirmed insofar as appealed from, with costs.

Contrary to the father's contentions, he failed to establish that the mother deliberately frustrated or actively interfered with his visitation rights (see Matter of Clum v. Seksinsky, 263 A.D.2d 507, 508; Matter of Vanderhoff v. Vanderhoff, 207 A.D.2d 494, 495; Weinreich v. Weinreich, 184 A.D.2d 505, 506; Resnick v. Zoldan, 134 A.D.2d 246, 247). Therefore, the Family Court properly denied his petition seeking to suspend his child support obligation with respect to the parties' teenaged daughter.

The father's remaining contentions are without merit.

S. MILLER, J.P., KRAUSMAN, LUCIANO and MASTRO, JJ., concur.


Summaries of

Smith v. Graves

Appellate Division of the Supreme Court of New York, Second Department
May 5, 2003
305 A.D.2d 419 (N.Y. App. Div. 2003)
Case details for

Smith v. Graves

Case Details

Full title:IN THE MATTER OF JAHA SMITH, appellant, v. VALERIE GRAVES, respondent

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: May 5, 2003

Citations

305 A.D.2d 419 (N.Y. App. Div. 2003)
758 N.Y.S.2d 506

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