Legal Opinion
Mallory v. Mashack
Appellate Division of the Supreme Court of the State of New York
Decided November 12, 1999PublishedCited by 8 opinions
1Opinion of the Court
—Order unanimously reversed on the law without costs and matter remitted to Cayuga County Family Court for further proceedings in accordance with the following Memorandum: Family Court abused its discretion in denying petitioner visitation without conducting a hearing (see, Matter of Langdon v Stephen, 212 AD2d 1066; Matter of Fura v Seddon, 176 AD2d 1244; Matter of Elizabeth D., 127 AD2d 971). The denial of visitation to a parent is a drastic remedy that is warranted only where there are compelling reasons and substantial evidence that such visitation is detrimental to the child’s welfare…
2Cases cited5 opinions
- De Pinto v. De PintoAppellate Division of the Supreme Court of the State of New York · 1983
- In re Erie County Department of Social ServicesAppellate Division of the Supreme Court of the State of New York · 1987
- Derrick M. v. Dorsha S.Appellate Division of the Supreme Court of the State of New York · 1998
- Fura v. SeddonAppellate Division of the Supreme Court of the State of New York · 1991
- Langdon v. StephenAppellate Division of the Supreme Court of the State of New York · 1995
3Cited by8 opinions
- Wilson v. BennettAppellate Division of the Supreme Court of the State of New York · 2001
- Hameed v. Hala AlatawanehAppellate Division of the Supreme Court of the State of New York · 2005
- Davenport v. OuweleenAppellate Division of the Supreme Court of the State of New York · 2004
- Roseman v. SierantAppellate Division of the Supreme Court of the State of New York · 2016
- Ashkar v. AshkarAppellate Division of the Supreme Court of the State of New York · 2000
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