Opinion
2013-03-27
In the Matter of Dawn L. STEFAS, appellant, v. Edwin SIERRA, respondent.
Clara H. Lipinsky, Pine Island, N.Y., for appellant. Meth Law Offices, P.C., Chester, N.Y. (Michael D. Meth of counsel), for respondent.
Clara H. Lipinsky, Pine Island, N.Y., for appellant.Meth Law Offices, P.C., Chester, N.Y. (Michael D. Meth of counsel), for respondent.
Geanine Towers, Brooklyn, N.Y., attorney for the children.
In a visitation proceeding pursuant to Family Court Act article 6, the mother appeals from (1) a decision of the Family Court, Orange County (Currier–Woods, J.), entered October 12, 2011, and (2) an order of the same court entered November 18, 2011, which, without a hearing, granted the father's motion to dismiss her petition to modify a prior order of visitation, and dismissed her petition with prejudice.
ORDERED that the appeal from the decision is dismissed, without costs or disbursements, as no appeal lies from a decision ( see Schicchi v. J.A. Green Constr. Corp., 100 A.D.2d 509, 472 N.Y.S.2d 718); and it is further,
ORDERED that the order is affirmed, without costs or disbursements.
Contrary to the mother's contention, the Family Court possessed adequate relevant information to enable it to make an informed and provident determination, without a hearing, as to whether it was in the subject children's best interests to have increased visitation with her ( see Matter of Hom v. Zullo, 6 A.D.3d 536, 775 N.Y.S.2d 66). We discern no basis to disturb the Family Court's determination.