Reaves v. Abdullah

Appellate Division of the Supreme Court of New York

Reaves v. Abdullah

197 A.D.2d 911, 603 N.Y.S.2d 788

Appellate Division of the Supreme Court of the State of New York·Decided October 1, 1993·No. Appeal No. 1·Published·Cited by 3 cases

Opinion

—Order unanimously affirmed without costs. Memorandum: In his answer to the paternity petition, respondent requested that Family Court review his criminal conviction and direct Auburn Correctional Facility, where he is incarcerated, to permit his participation in a visitation program. That relief was properly denied. Family Court has no jurisdiction to consider criminal matters (see, People v Rogers, 248 App Div 141, affd 272 NY 612; see also, Family Ct Act § 115) nor to entertain proceedings to compel an act by a prison official (see, CPLR 7804 [b]). (Appeal from Order of Monroe County Family Court, Miller, J.—Visitation.) Present—Green, J. P., Balio, Fallon, Doerr and Boehm, JJ.

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—Order unanimously affirmed without costs. Memorandum: In his answer to the paternity petition, respondent requested that Family Court review his criminal conviction and direct Auburn Correctional Facility, where he is incarcerated, to permit his participation in a visitation program. That relief was properly denied. Family Court has no jurisdiction to consider criminal matters (see, People v Rogers, 248 App Div 141, affd 272 NY 612; see also, Family Ct Act § 115) nor to entertain proceedings to compel an act by a prison official (see, CPLR 7804 [b]). (Appeal from Order of Monroe County Family Court, Miller, J.—Visitation.) Present—Green, J. P., Balio, Fallon, Doerr and Boehm, JJ.

Reaves v. Abdullah, 197 A.D.2d 911, 603 N.Y.S.2d 788 (N.Y. Ct. App. 1993).

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