Legal Opinion

Selca v. Selca

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

Decided December 13, 1999PublishedCited by 5 opinions

1Opinion of the Court

—In a visitation proceeding pursuant to Family Court Act article 6, the father appeals from an order of the Family Court, Orange County (Bivona, J.), entered March 16, 1998, which, upon granting the mother’s application made at the close of his case at the fact-finding hearing, dismissed the petition.

Ordered that the order is affirmed, without costs or disbursements.

*315While a parent’s incarceration, standing alone, does not make visitation inappropriate (see, Matter of Wise v Del Toro, 122 AD2d 714), the determination of the Family Court was appropriate here based on all of the circumstances of…

2Cases cited2 opinions

  1. Wise v. Del ToroAppellate Division of the Supreme Court of the State of New York · 1986
  2. Davis v. DavisAppellate Division of the Supreme Court of the State of New York · 1999

3Cited by5 opinions

  1. Thomas v. ThomasAppellate Division of the Supreme Court of the State of New York · 2000
  2. Morales v. BrunoAppellate Division of the Supreme Court of the State of New York · 2006
  3. Wispe v. LeandryAppellate Division of the Supreme Court of the State of New York · 2009
  4. Marcial v. SullivanAppellate Division of the Supreme Court of the State of New York · 2002
  5. Nelson M. v. Rebecca P.New York City Family Court · 2001

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