Farina v. McKevitt

Appellate Division of the Supreme Court of New York

Farina v. McKevitt

30 A.D.3d 519, 816 N.Y.S.2d 367

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

DecidedJune 13, 2006

StatusPublished

This text of 30 A.D.3d 519 (Farina v. McKevitt) 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

Farina v. McKevitt, 30 A.D.3d 519, 816 N.Y.S.2d 367 (N.Y. Ct. App. 2006).

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Opinion

In a child visitation proceeding pursuant to Family Court Act article 6, the mother appeals from so much of an order of the Family Court, Nassau County (Pessala, J.), dated May 13, 2004, as, after a hearing, granted the father’s petition for visitation with the parties’ son.

Ordered that the order is affirmed insofar as appealed from, without costs or disbursements.

Visitation is a joint right of the noncustodial parent and child (see Weiss v Weiss, 52 NY2d 170, 175 [1981]). Here, while the child did express a preference to end visitation with the father, the record supports the Family Court’s determination that, in light of the child’s age, maturity, and susceptibility to influence from the mother, visitation was nevertheless in the child’s best interests (see Eschbach v Eschbach, 56 NY2d 167 [1982]; Matter of Brian M. v Nancy M., 227 AD2d 404 [1996]; Matter of Gerald D. v Lucille S., 188 AD2d 650 [1992]).

The mother’s remaining contention is not properly before this Court. Miller, J.P, Ritter, Goldstein and Lunn, JJ., concur.

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In a child visitation proceeding pursuant to Family Court Act article 6, the mother appeals from so much of an order of the Family Court, Nassau County (Pessala, J.), dated May 13, 2004, as, after a hearing, granted the father’s petition for visitation with the parties’ son.

Ordered that the order is affirmed insofar as appealed from, without costs or disbursements.

Visitation is a joint right of the noncustodial parent and child (see Weiss v Weiss, 52 NY2d 170, 175 [1981]). Here, while the child did express a preference to end visitation with the father, the record supports the Family Court’s determination that, in light of the child’s age, maturity, and susceptibility to influence from the mother, visitation was nevertheless in the child’s best interests (see Eschbach v Eschbach, 56 NY2d 167 [1982]; Matter of Brian M. v Nancy M., 227 AD2d 404 [1996]; Matter of Gerald D. v Lucille S., 188 AD2d 650 [1992]).

The mother’s remaining contention is not properly before this Court. Miller, J.P, Ritter, Goldstein and Lunn, JJ., concur.

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Bluebook (online)

30 A.D.3d 519, 816 N.Y.S.2d 367, Counsel Stack Legal Research, https://law.counselstack.com/opinion/farina-v-mckevitt-nyappdiv-2006.

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