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IN THE MATTER OF KENNETH P. SMITH, JR., appellant, v. JULIA MOLODY-SMITH, respondent.

DECISION ORDER

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

The Family Court providently exercised its discretion by modifying its prior order so as to grant the mother unsupervised visitation with the parties' child. Contrary to the father's contention, a hearing is not necessary where, as here, 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 Porter v. Burgey, 266 A.D.2d 552, 553; Webster v. Webster, 163 A.D.2d 178, 179). In a situation such as this, where the extensive evidence before the court showed that the mother and daughter had a loving, appropriate relationship, and where there were no extraordinary circumstances, it was in the child's best interest to enjoy unrestricted visitation with her mother (see Weiss v. Weiss, 52 N.Y.2d 170, 175; Matter of Schack v. Schack, 98 A.D.2d 802; Daghir v. Daghir, 82 A.D.2d 191, 193). Moreover, under the circumstances, requiring that visitation be supervised would have violated the mother's right to "reasonable access and visitation" (Matter of Schack v. Schack, supra).

SANTUCCI, J.P., LUCIANO, TOWNES and RIVERA, JJ., concur.

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IN THE MATTER OF SMITH v. MOLODY-SMITH
(Jul 28, 2003)