Matter of Mikell v. Bermejo

139 A.D.3d 954 (2d Dep't 2016) · Appellate Division of the Supreme Court of the State of New York, Second Judicial Department · May 18, 2016

Summary

The Appellate Division, Second Department affirmed orders limiting the father's visitation with the child to therapeutic supervised visits and imposing a five-year order of protection in favor of the mother and child. The court held that the determinations had a sound and substantial basis in the record and were not an improvident exercise of discretion.

Holdings

  1. The Supreme Court properly limited the father to therapeutic supervised visitation because the determination that such visitation was in the child's best interests had a sound and substantial basis in the record.
  2. The Supreme Court did not improvidently exercise its discretion by entering a five-year order of protection against the father and in favor of the mother and child.

Questions Presented

  1. Whether the Supreme Court properly limited the father's visitation to therapeutic supervised visitation.
  2. Whether the Supreme Court improvidently exercised its discretion by entering a five-year order of protection in favor of the mother and child.

Disposition

affirmed

Cases Cited (8)

  • Matter of Lane v. Lane, 68 A.D.3d 995, 996-997(followed)
  • Matter of Gainza v. Gainza, 24 A.D.3d 551, 551(followed)
  • Matter of Kraft v. Orsini, 136 A.D.3d 916, 917(followed)
  • Irizarry v. Irizarry, 115 A.D.3d 913, 914-915(followed)
  • Matter of Torres v. Ojeda, 108 A.D.3d 570, 571(followed)
  • Matter of Kortlang v. Kortlang, 92 A.D.3d 785(followed)
  • Matter of Anderson v. Harris, 73 A.D.3d 456, 457(followed)
  • Matter of Anson v. Anson, 20 A.D.3d 603, 604(followed)

Cited In (0)

No citing cases on record yet.

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