DE PINTO v. DE PINTO


98 A.D.2d 985 (1983)

Catherine De Pinto, Respondent, v. Michele De Pinto, Appellant

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

December 16, 1983


Order unanimously reversed, without costs, and matter remitted to Supreme Court, Erie County, for further proceedings, in accordance with the following memorandum:

The court erred in denying without a hearing defendant's application for visitation with his eight-year-old son. We recently restated the general rule regarding visitation: "`Visitation is always to be premised upon a consideration of the best interests of the children (Finlay v Finlay, 240 N.Y....

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