Legal Opinion
Marmolejo v. Calabrese
Appellate Division of the Supreme Court of the State of New York
Decided November 10, 2005PublishedCited by 5 opinions
1Opinion of the Court
Appeal from an order of the Family Court, Erie County (Paul G. Buchanan, J), entered August 19, 2004 in a proceeding pursuant to Family Court Act article 6. The order dismissed the petition for visitation.
It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed without costs.
Memorandum: Petitioner contends that Family Court erred in dismissing his petition seeking visitation with his daughter without conducting a hearing to determine whether visitation is in his daughter’s best interests. We reject that contention. Petitioner was incarcerated shortly…
2Cases cited5 opinions
- Ellett v. EllettAppellate Division of the Supreme Court of the State of New York · 1999
- Vangas v. LadasAppellate Division of the Supreme Court of the State of New York · 1999
- Oliver S. v. Chemung County Department of Social ServicesAppellate Division of the Supreme Court of the State of New York · 1990
- Bougor v. MurrayAppellate Division of the Supreme Court of the State of New York · 2001
- Gutkaiss v. LeahyAppellate Division of the Supreme Court of the State of New York · 2001
3Cited by5 opinions
- Otrosinka v. HagemanAppellate Division of the Supreme Court of the State of New York · 2016
- David S. v. Nicole U.Appellate Division of the Supreme Court of the State of New York · 2006
- Charles K. v. Emily A.A.Appellate Division of the Supreme Court of the State of New York · 2007
- OTROSINKA, JEREMY D. v. HAGEMAN, CHRISTIANAppellate Division of the Supreme Court of the State of New York · 2016
- Otrosinka v. HagemanAppellate Division of the Supreme Court of the State of New York · 2016