Herrera v. O'Neill
Cases that cite this one
15 later published cases cite this decision.
- Khan v. Dolly (Appellate Division of the Supreme Court of New York 2007)
- Thomas v. Thomas (Appellate Division of the Supreme Court of New York 2006)
- Matter of Sarfati v. DeJesus (Appellate Division of the Supreme Court of New York 2018)
- Matter of Sanders v. Jaco (Appellate Division of the Supreme Court of New York 2017)
- Matter of Rodriguez v. Silva (Appellate Division of the Supreme Court of New York 2014)
- ROSKWITALSKI, MATTHEW J. v. FLEMING, CATHERINE D. (Appellate Division of the Supreme Court of New York 2013)
- Torres v. Ojeda (Appellate Division of the Supreme Court of New York 2013)
- Torres v. Ojeda (Appellate Division of the Supreme Court of New York 2013)
- Smith v. Dawn F.B. (Appellate Division of the Supreme Court of New York 2011)
- Larkin v. White (Appellate Division of the Supreme Court of New York 2010)
- David V. v. Rosalind W. (Appellate Division of the Supreme Court of New York 2009)
- Puran v. Murray (Appellate Division of the Supreme Court of New York 2007)
- Patrick v. Farris (Appellate Division of the Supreme Court of New York 2007)
- McMillian v. Rizzo (Appellate Division of the Supreme Court of New York 2006)
- McLean v. Bell (Appellate Division of the Supreme Court of New York 2006)
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 visitation proceeding pursuant to Family Court Act article 6, the mother appeals from an order of the Family Court, Suffolk County (Freundlich, J.), entered May 27, 2004, which, after
Ordered that the order is affirmed, without costs or disbursements.
The determination of visitation to a noncustodial parent is within the sound discretion of the hearing court, based upon the best interests of the child (see Matter of Kachelhofer v Wasiak, 10 AD3d 366 [2004]; Jordan v Jordan, 8 AD3d 444 [2004]). The hearing court’s determination “depends to a great extent upon its assessment of the credibility of the witnesses and upon the assessments of the character, temperament, and sincerity of the parents” (Maloney v Maloney, 208 AD2d 603 [1994]). Therefore, it should not be set aside unless it lacks a sound and substantial basis in the record (see Matter of Kachelhofer v Wasiak, supra). In this case, the Family Court’s finding has a sound and substantial basis in the record promoting the child’s best interest.
In view of the extraordinary circumstances in this case, the Family Court providently exercised its discretion in denying the mother visitation (see Matter of Michael F. v Cerise S., 224 AD2d 692 [1996]; Matter of St. Vincent’s Servs. [Joseph Bernard H.] v Jean H., 211 AD2d 799, 800 [1995]). The record establishes that the mother had recurring bouts of illicit drug use and alcoholism as recently as four months before the hearing. She repeatedly neglected and abandoned the child at issue in this case as well as her other children, which led to the termination of her parental rights as to one of those children. Moreover, she exhibited erratic behavior and conduct in court, which not only confirmed that visitation would be detrimental to the child, but also resulted in temporary removal of her newborn daughter. H. Miller, J.P., Ritter, Goldstein and Skelos, JJ., concur.
Case-law data current through September 30, 2026. Source: CourtListener bulk data.