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IN THE MATTER OF RODRIQUEZ v. VAN PUTTEN

Appellate Division of the Supreme Court of New York, Second Department.
Oct 14, 2003
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DECISION ORDER

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

While the father's incarceration, standing alone, did not render visitation inappropriate ( see Matter of Davis v. Davis, 232 A.D.2d 773; Matter of Mohammed v. Cortland County Dept. of Social Servs., 186 A.D.2d 908), the Family Court properly determined that, under all of the circumstances, visitation would not be in the child's best interest ( see Matter of Marcial v. Sullivan, 296 A.D.2d 551; Matter of Williams v. Tillman, 289 A.D.2d 885; Matter of Davis v. Davis, 265 A.D.2d 552).

The father's remaining contentions are without merit.

RITTER, J.P., FLORIO, S. MILLER and LUCIANO, JJ., concur.