In re Children

Appellate Division of the Supreme Court of New York

In re Children

273 A.D.2d 306, 709 N.Y.S.2d 857, 2000 N.Y. App. Div. LEXIS 6474

Appellate Division of the Supreme Court of the State of New York·Decided June 12, 2000·Published·Cited by 1 cases

Opinion

In an abuse and neglect proceeding pursuant to Family Court Act article 10, the Nassau County Department of Social Services appeals from an order of the Family Court, Nassau County (Eisman, J.), dated October 7, 1998, which directed supervised visitation between the father and his children, Alexander and Jacqueline.

Ordered that the order is reversed, without costs or disbursements, and the matter is remitted to the Family Court, Nassau County for further proceedings in accordance herewith.

It cannot be determined from the record whether there is good cause for granting visitation to the father and whether such visitation, if any, should be supervised or unsupervised. Therefore, the Family Court should not have directed visitation without first holding a hearing on that issue (see, Family Ct § 1061). Accordingly, the matter is remitted to the Family [307]*307Court, Nassau County, for a hearing to determine what type of visitation, if any, is warranted. Mangano, P. J., Thompson, Krausman and Feuerstein, JJ., concur.

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In an abuse and neglect proceeding pursuant to Family Court Act article 10, the Nassau County Department of Social Services appeals from an order of the Family Court, Nassau County (Eisman, J.), dated October 7, 1998, which directed supervised visitation between the father and his children, Alexander and Jacqueline.

Ordered that the order is reversed, without costs or disbursements, and the matter is remitted to the Family Court, Nassau County for further proceedings in accordance herewith.

It cannot be determined from the record whether there is good cause for granting visitation to the father and whether such visitation, if any, should be supervised or unsupervised. Therefore, the Family Court should not have directed visitation without first holding a hearing on that issue (see, Family Ct § 1061). Accordingly, the matter is remitted to the Family [307]*307Court, Nassau County, for a hearing to determine what type of visitation, if any, is warranted. Mangano, P. J., Thompson, Krausman and Feuerstein, JJ., concur.

In re Children, 273 A.D.2d 306, 709 N.Y.S.2d 857, 2000 N.Y. App. Div. LEXIS 6474 (N.Y. Ct. App. 2000).

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