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HECTOR CATALAN, respondent, v. SARAH CATALAN, appellant.

DECISION ORDER

ORDERED that the judgment is affirmed insofar as appealed from, with costs.

Contrary to the defendant's contention, the determination to modify visitation, from supervised to unsupervised, on the ground that the plaintiff made a sufficient showing of a material change in circumstances, has a sound and substantial basis in the record, and promotes the best interests of the child ( see Matter of Fish v. Manning, 300 A.D.2d 932; Matter of Brynn UU. v. Erin I., 220 A.D.2d 830).

In visitation matters, it is appropriate for a court to order the parties to undergo counseling under the court's direction and supervision in connection with a program of visitation ( see e.g. Resnick v. Zoldan, 134 A.D.2d 246). The defendant's contention that the record does not support the directive that she attend counseling with a family therapist for the purpose of completing a parenting skills program is without merit.

Also, contrary to the defendant's contention, the Supreme Court providently exercised its discretion in declining to conduct an in-camera interview of the parties' child ( see Matter of Lincoln v. Lincoln, 24 N.Y.2d 270; Smith v. Finger, 187 A.D.2d 711).

The defendant claims that the Supreme Court improperly delegated its authority to the Law Guardian ( cf. Matter of Hennelly v. Vigor, 194 A.D.2d 791). Although the Supreme Court stated at the end of the hearing that it was going to "adopt" the Law Guardian's recommendation to modify the prior visitation order, contrary to the defendant's contention, the Supreme Court's detailed findings of fact clearly show that it did not abdicate its authority to determine the best interests of the child. Rather, the Law Guardian's recommendation was properly considered as one of many factors in this case ( see Young v. Young, 212 A.D.2d 114).

KRAUSMAN, J.P., ADAMS, COZIER and RIVERA, JJ., concur.

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CATALAN v. CATALAN
(Apr 12, 2004)