Langdon v. Stephen

212 A.D.2d 1066, 624 N.Y.S.2d 1017, 1995 N.Y. App. Div. LEXIS 2054

Opinion

—Order unanimously reversed on the law without costs and matter remitted to Cattaraugus County Family Court for further proceedings in accordance with the following Memorandum: Family Court abused its discretion in denying the petition for visitation without conducting a hearing (see, Matter of Fura v Seddon, 176 AD2d 1244, 1245; Matter of Elizabeth B., 127 AD2d 971; De Pinto v Be Pinto, 98 AD2d 985) and in peremptorily precluding petitioner from filing a subsequent petition for visitation with his sons while he remains incarcerated (see, Reese v Reese, 130 AD2d 973). The matter is remitted to Cattaraugus County Family Court for a hearing before a different Judge. (Appeal from Order of Cattaraugus County Family Court, Nenno, J.—Visitation.) Present—Pine, J. P., Fallon, Wesley, Balio and Boehm, JJ.