Legal Opinion
Fewell v. Ratzel
Appellate Division of the Supreme Court of the State of New York
Decided October 5, 2012PublishedCited by 4 opinions
1Opinion of the Court
It is hereby ordered that the order so appealed from is unanimously reversed on the law without costs, the petition is reinstated, and the matter is remitted to Family Court, Allegany County, for a new hearing in accordance with the following memorandum: Petitioner father, who is incarcerated based on his conviction of rape, appeals from an order that dismissed his petition seeking visitation with the parties’ child. We agree with the father that, in dismissing the petition, Family Court failed to give due consideration to the presumption in favor of visitation, notwithstanding the father’s…
2Cases cited4 opinions
- Crowell v. LivzieyAppellate Division of the Supreme Court of the State of New York · 2005
- Buffin v. MosleyAppellate Division of the Supreme Court of the State of New York · 1999
- Lonobile v. BetkowskiAppellate Division of the Supreme Court of the State of New York · 1999
- Lazier v. GentesAppellate Division of the Supreme Court of the State of New York · 1999
3Cited by4 opinions
- Cormier v. ClarkeAppellate Division of the Supreme Court of the State of New York · 2013
- BROWN, CLARENCE R. v. DIVELBLISS, MELODY M.Appellate Division of the Supreme Court of the State of New York · 2013
- CORMIER, MICHELLE v. CLARKE, ROXANNEAppellate Division of the Supreme Court of the State of New York · 2013
- Cormier v. ClarkeAppellate Division of the Supreme Court of the State of New York · 2013