Rodriquez v. Van Putten
Cases that cite this one
3 later published cases cite this decision.
- Smith v. Smith (Appellate Division of the Supreme Court of New York 2012)
- Wispe v. Leandry (Appellate Division of the Supreme Court of New York 2009)
- McLean v. Simpson (Appellate Division of the Supreme Court of New York 2011)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
In a child custody proceeding pursuant to Family Court Act article 6, the father appeals from an order of the Family Court, Kings County (Balter, J.), dated October 29, 2001, which, after a hearing, denied his petition for visitation.
Ordered that the order is affirmed, without costs or disbursements.
While the father’s incarceration, standing alone, did not render visitation inappropriate (see Matter of Davis v Davis, 232 AD2d 773 [1996]; Matter of Mohammed v Cortland County Dept. of Social Servs., 186 AD2d 908 [1992]), the Family Court properly determined that, under all of the circumstances, visitation would not be in the child’s best interest (see Matter of Marcial v Sullivan, 296 AD2d 551 [2002]; Matter of Williams v Tillman, 289 AD2d 885 [2001]; Matter of Davis v Davis, 265 AD2d 552 [1999]).
The father’s remaining contentions are without merit. Ritter, J.P., Florio, S. Miller and Luciano, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.