Appellate Division of the Supreme Court of New York, 1995

Lopez v. Lopez

Lopez v. Lopez
Appellate Division of the Supreme Court of New York · Decided February 21, 1995
212 A.D.2d 710; 622 N.Y.S.2d 793
Lopez v. Lopez

Opinion of the Court

—In a proceeding pursuant to Family Court Act article 6 seeking visitation, the petitioner appeals from an order of the Family Court, Kings County (Segal, J.), dated September 20, 1993, which, after an evidentiary hearing, granted the petitioner visitation with his daughter every other month at the correctional facility where the petitioner is incarcerated.

Ordered that the order is affirmed, without costs or disbursements.

Where, as here, there has been a full evidentiary hearing on the issue of visitation, the findings of the hearing court are to be accorded great weight and will not be lightly set aside (see, D’Errico v D’Errico, 158 AD2d 503, 504). Under the circum*711stances of this case, we find that the court did not improvidently exercise its discretion in granting the petitioner visitation with his now-6-year-old daughter limited to every other month at the correctional facility where the petitioner is incarcerated (see, Domestic Relations Law §240). Sullivan, J. P., Miller, Copertino, Joy and Friedmann, JJ., concur.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.