Wise v. Del Toro

— Order, Family Court, Bronx County (Lynch, J.), entered June 7, 1985, which dismissed petitioner’s petition for visitation with his child, reversed, on the law, without costs, and the matter remanded for hearing.

The petitioner, who is incarcerated in a New York State correctional facility, sought rights to visitation with his seven-year-old daughter. The matter was set for hearing in Family Court on June 7, 1985. The respondent mother was present with counsel. The petitioner was represented by counsel. No Law Guardian had been appointed for the child. Petitioner’s attorney indicated that he…