MATTHEW DONALD v. STACEY

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Docket Number

No. 2006-08169.

Attorney(S)

Steven Greenfield, West Hampton Dunes, N.Y., for appellants. Michael A. Cardozo, Corporation Counsel, New York, N.Y. (Larry A. Sonnenshein and Mordecai Newman of counsel), for respondent Administration for Children's Services. Carrieri Carrieri, P.C., Mineola, N.Y. (Ralph R. Carrieri of counsel), for respondent SCO Family of Services. Steven Banks, New York, N.Y. (Tamara A. Steckler and Marcia Egger of counsel), Law Guardian for the children.

Judges

Mark C. Dillon
William E. McCarthy

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In the Matter of MATTHEW DONALD R. STACEY R. et al., Appellants; ADMINISTRATION FOR CHILDREN'S SERVICES et al., Respondents. (Proceeding No. 1.) In the Matter of PETER JULIAN R. STACEY R. et al., Appellants; ADMINISTRATION FOR CHILDREN'S SERVICES et al., Respondents. (Proceeding No. 2.).

Ordered that the order is reversed, on the law, without costs or disbursements, the petitioners' motion to temporarily suspend supervised visitation is denied, and the matter is remitted to the Family Court, Queens County to complete the adjudication of all outstanding issues forthwith.

Total denial of visitation to a parent "should only be affirmed where the totality of the record contains compelling reasons to deny visitation as detrimental to the child's well-being" ( Matter of Jones v McMore, 37 AD3d 1031, 1032). The petitioners failed to show that continued supervised visitation would be detrimental to the children.

The parties' remaining contentions are without merit.

In the Matter of MATTHEW DONALD R. STACEY R. et al., Appellants; ADMINISTRATION FOR CHILDREN'S SERVICES et al., Respondents. (Proceeding No. 1.) In the Matter of PETER JULIAN R. STACEY R. et al., Appellants; ADMINISTRATION FOR CHILDREN'S SERVICES et al., Respondents. (Proceeding No. 2.).

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