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IN THE MATTER OF MARMOLEJO v. CALABRESE

23 A.D.3d 1122 (2005)

805 N.Y.S.2d 752

In the Matter of DOMINGO MARMOLEJO, Appellant, v. ROXANNE CALABRESE, Respondent.

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

November 10, 2005.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed without costs.

Memorandum:

Petitioner contends that Family Court erred in dismissing his petition seeking visitation with his daughter without conducting a hearing to determine whether visitation is in his daughter's best interests. We reject that contention. Petitioner was incarcerated shortly before his daughter's birth in 1993 and has never seen his daughter...

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