Shipp v. Gaglia

Order unanimously reversed and matter remitted to Erie County Family Court for further proceedings in accordance with the following memorandum: The denial of visitation to a noncustodial parent constitutes such a drastic measure that an order doing so should be based upon substantial evidence that the visitation is detrimental to the child’s welfare {Hotze v Hotze, 57 AD2d 85; see, also, Weiss v Weiss, 52 NY2d 170,175; Quinn v Quinn, 87 AD2d 643). On the record before us we agree that petitioner was properly denied unsupervised visitation, but we cannot determine whether the denial of…