De Pinto v. De Pinto
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Order unanimously reversed, without costs, and matter remitted to Supreme Court, Erie County, for further proceedings, in accordance with the following memorandum: The court erred in denying without a hearing defendant’s application for visitation with his eight-year-old son. We recently restated the general rule regarding visitation: “ ‘Visitation is always to be premised upon a consideration of the best interests of the children (.Finlay v Finlay, 240 NY 429, 433-434); however, denying visitation to a natural parent is a drastic remedy and should only be done where there are compelling…
2Cases cited6 opinions
- Finlay v. FinlayNew York Court of Appeals · 1925
- Hotze v. HotzeAppellate Division of the Supreme Court of the State of New York · 1977
- Chirumbolo v. ChirumboloAppellate Division of the Supreme Court of the State of New York · 1980
- Parker v. FordAppellate Division of the Supreme Court of the State of New York · 1982
- Farhi v. FarhiAppellate Division of the Supreme Court of the State of New York · 1978
1 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Cesario v. CesarioAppellate Division of the Supreme Court of the State of New York · 1990
- Rhynes v. RhynesAppellate Division of the Supreme Court of the State of New York · 1997
- Vasile v. VasileAppellate Division of the Supreme Court of the State of New York · 1986
- Lonobile v. BetkowskiAppellate Division of the Supreme Court of the State of New York · 1999
- Heyer v. HeyerAppellate Division of the Supreme Court of the State of New York · 1985
9 more not listed; retrieve them via the Exa API.