Chautauqua County Department of Social Services v. Figueroa

Appellate Division of the Supreme Court of New York

Chautauqua County Department of Social Services v. Figueroa

98 A.D.2d 989, 470 N.Y.S.2d 229, 1983 N.Y. App. Div. LEXIS 21337

CourtAppellate Division of the Supreme Court of the State of New York

DecidedDecember 16, 1983

StatusPublished

This text of 98 A.D.2d 989 (Chautauqua County Department of Social Services v. Figueroa) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Chautauqua County Department of Social Services v. Figueroa, 98 A.D.2d 989, 470 N.Y.S.2d 229, 1983 N.Y. App. Div. LEXIS 21337 (N.Y. Ct. App. 1983).

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Opinion

— Order unanimously affirmed, without costs, for reasons stated at Chautauqua County Family Court, Hartley, J. Memorandum: We add only that the record establishes that respondent did not visit or communicate with his daughter for six months immediately preceding the filing of this petition on April 23,1980 because he was “discouraged from doing so by the agency” (Social Services Law, § 384-b, subd 5, par [a]). In our view, the child’s best interest requires that custody remain with the Chautauqua County Department of Social Services for a further period to permit him to exercise reasonable visitation rights (see Matter of Murrell, 79 AD2d 866, 867). (Appeal from order of Chautauqua County Family Court, Hartley, J. — permanent abandonment.) Present — Doerr, J. P., Boomer, Green, O’Donnell and Schnepp, JJ.

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— Order unanimously affirmed, without costs, for reasons stated at Chautauqua County Family Court, Hartley, J. Memorandum: We add only that the record establishes that respondent did not visit or communicate with his daughter for six months immediately preceding the filing of this petition on April 23,1980 because he was “discouraged from doing so by the agency” (Social Services Law, § 384-b, subd 5, par [a]). In our view, the child’s best interest requires that custody remain with the Chautauqua County Department of Social Services for a further period to permit him to exercise reasonable visitation rights (see Matter of Murrell, 79 AD2d 866, 867). (Appeal from order of Chautauqua County Family Court, Hartley, J. — permanent abandonment.) Present — Doerr, J. P., Boomer, Green, O’Donnell and Schnepp, JJ.

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98 A.D.2d 989, 470 N.Y.S.2d 229, 1983 N.Y. App. Div. LEXIS 21337, Counsel Stack Legal Research, https://law.counselstack.com/opinion/chautauqua-county-department-of-social-services-v-figueroa-nyappdiv-1983.

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