Johnson v. Ahern

Appeal from an order of the Family Court of Broome County (Pines, J.), entered December 29, 2004, which granted petitioner’s application, in a proceeding pursuant to Family Ct Act article 6, for visitation with the parties’ child.

Petitioner and respondent are the parents of a son (born in September 2002). In November 2002, petitioner was incarcerated following his arrest and eventually sentenced to a prison term of 3V2 to 7 years upon his conviction of the crime of burglary in the third degree. Respondent brought the child to visit petitioner during the first five months of his incarceration,…