MATTER OF VANN v. VANN


187 A.D.2d 821 (1992)

In the Matter of Ernest W. Vann, Appellant, v. Gloria J. Vann, Respondent

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

November 12, 1992


Petitioner commenced this proceeding claiming that, as a result of a prior order of Family Court, he is entitled to visitation with his two children. Without indicating its reason therefor, Family Court dismissed the petition on its own motion. Although petitioner is incarcerated, this fact, standing alone, does not mean that petitioner's right to visitation should automatically be forfeited (see, Matter of Wise v Del Toro, 122 A.D.2d 714

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