Donald C. v. Michelle T.

Appellate Division of the Supreme Court of New York

Donald C. v. Michelle T.

254 A.D.2d 124, 679 N.Y.S.2d 290, 1998 N.Y. App. Div. LEXIS 10846

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

DecidedOctober 15, 1998

StatusPublished

This text of 254 A.D.2d 124 (Donald C. v. Michelle T.) 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.

Bluebook

Donald C. v. Michelle T., 254 A.D.2d 124, 679 N.Y.S.2d 290, 1998 N.Y. App. Div. LEXIS 10846 (N.Y. Ct. App. 1998).

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Opinion

Order, Family Court, New York County (Leah Marks, J.), entered on or about November 22, 1996, which denied petitioner’s application for visitation with his 11-year-old daughter, and dismissed the petition, unanimously affirmed, without costs.

The presumption that visitation would be in the child’s best interest was rebutted by evidence that petitioner has not seen the child since she was a few months old, has spoken with her on the telephone only half a dozen times, has threatened her mother, and that the child would have to travel five hours by bus with a stranger to visit petitioner in prison. Concur — Milonas, J. P., Rosenberger, Ellerin and Rubin, JJ.

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Order, Family Court, New York County (Leah Marks, J.), entered on or about November 22, 1996, which denied petitioner’s application for visitation with his 11-year-old daughter, and dismissed the petition, unanimously affirmed, without costs.

The presumption that visitation would be in the child’s best interest was rebutted by evidence that petitioner has not seen the child since she was a few months old, has spoken with her on the telephone only half a dozen times, has threatened her mother, and that the child would have to travel five hours by bus with a stranger to visit petitioner in prison. Concur — Milonas, J. P., Rosenberger, Ellerin and Rubin, JJ.

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Bluebook (online)

254 A.D.2d 124, 679 N.Y.S.2d 290, 1998 N.Y. App. Div. LEXIS 10846, Counsel Stack Legal Research, https://law.counselstack.com/opinion/donald-c-v-michelle-t-nyappdiv-1998.