AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)

IN THE MATTER OF GEORGE HOM, appellant, v. JANE ZULLO, respondent.

DECISION ORDER

ORDERED that the orders are affirmed, with one bill of costs.

Generally an evidentiary hearing is necessary concerning a modification of visitation ( see Matter of Vangas v. Ladas, 259 A.D.2d 755). However, a hearing will not be necessary where the court possesses adequate relevant information to enable it to make an informed and provident determination as to the child's best interest ( see Matter of Smith v. Molody-Smith, 307 A.D.2d 364) . The Family Court was fully familiar with relevant background facts regarding the parties and the child from several past proceedings. In addition, the Law Guardian, who had been involved in the case for over 10 years, recommended that visitation be suspended until the father and the child attended counseling. The Law Guardian indicated that the father did not "trust" the daughter, and he felt that she had been "brainwashed" against him. Further, the father refused to take any responsibility for the deterioration of his relationship with his teenage daughter. Under these circumstances, the Family Court's determination not to conduct an evidentiary hearing before suspending visitation was a provident judgment of discretion.

The father's remaining contentions are without merit.

SANTUCCI, J.P., FLORIO, KRAUSMAN and SCHMIDT, JJ., concur.

Use AI to get other relevant cases.

Comments

IN THE MATTER OF HOM v. ZULLO
(Apr 12, 2004)