Legal Opinion

Herrera v. O'Neill

Appellate Division of the Supreme Court of the State of New York

Decided July 5, 2005PublishedCited by 15 opinions

1Opinion of the Court

In a visitation proceeding pursuant to Family Court Act article 6, the mother appeals from an order of the Family Court, Suffolk County (Freundlich, J.), entered May 27, 2004, which, after *423a hearing, denied her petition to modify a prior order of the same court entered January 30, 2001, inter alia, prohibiting her from contacting the child.

Ordered that the order is affirmed, without costs or disbursements.

The determination of visitation to a noncustodial parent is within the sound discretion of the hearing court, based upon the best interests of the child (see Matter of Kachelhofer v Wasiak,…

2Cases cited5 opinions

  1. Maloney v. MaloneyAppellate Division of the Supreme Court of the State of New York · 1994
  2. Kachelhofer v. WasiakAppellate Division of the Supreme Court of the State of New York · 2004
  3. Jordan v. JordanAppellate Division of the Supreme Court of the State of New York · 2004
  4. St. Vincent's Services, Inc. v. Jean H.Appellate Division of the Supreme Court of the State of New York · 1995
  5. Michael F. v. Cerise S.Appellate Division of the Supreme Court of the State of New York · 1996

3Cited by15 opinions

  1. Khan v. DollyAppellate Division of the Supreme Court of the State of New York · 2007
  2. Smith v. Dawn F.B.Appellate Division of the Supreme Court of the State of New York · 2011
  3. Thomas v. ThomasAppellate Division of the Supreme Court of the State of New York · 2006
  4. Torres v. OjedaAppellate Division of the Supreme Court of the State of New York · 2013
  5. Matter of Sanders v. JacoAppellate Division of the Supreme Court of the State of New York · 2017

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