Legal Opinion

B.G. v. A.M.O.

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

Decided December 4, 2008PublishedCited by 7 opinions

1Opinion of the Court

*247The court’s decision to deny defendant visitation at the present time, after hearing the testimony of the parties and the law guardian, observing defendant as a witness, and, after conducting a post-trial Lincoln hearing (see Matter of Lincoln v Lincoln, 24 NY2d 270, 272 [1969]) with defendant’s eldest child in the presence of the law guardian, has a sound and substantial basis in the record (see Ceasar A.R. v Raquel D., 179 AD2d 574 [1992]). It was defendant’s rape of plaintiff, and the continued threat of physical and psychological harm, coupled with the fact that the children have been…

2Cases cited4 opinions

  1. Lincoln v. LincolnNew York Court of Appeals · 1969
  2. James Joseph M. v. Rosana R.Appellate Division of the Supreme Court of the State of New York · 2006
  3. Ceasar A. R. v. Raquel D.Appellate Division of the Supreme Court of the State of New York · 1992
  4. Gregory C. v. Nyree S.Appellate Division of the Supreme Court of the State of New York · 2005

3Cited by7 opinions

  1. Rhodie v. NathanAppellate Division of the Supreme Court of the State of New York · 2009
  2. Susan A. v. Ibrahim A.Appellate Division of the Supreme Court of the State of New York · 2012
  3. James W. v. Theresa D.Appellate Division of the Supreme Court of the State of New York · 2010
  4. A.K. v. A.S.New York City Family Court · 2011
  5. Matter of Timothy F. v. Melissa V.Appellate Division of the Supreme Court of the State of New York · 2019

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