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IN THE MATTER OF McFARLAND v. SMITH

2008-02142.

2008 NY Slip Op 06159

IN THE MATTER OF SUSAN McFARLAND, ETC., appellant, (Docket Nos. V-89-01/07D, V-89-01/07E) v. GRANT SMITH, respondent. (Proceeding No. 1) IN THE MATTER OF GRANT SMITH, respondent, v. SUSAN McFARLAND, ETC., appellant. (Proceeding No. 2)

Appellate Division of the Supreme Court of New York, Second Department.

Decided July 1, 2008.

Attorney(s) appearing for the Case

Braunstein & Zuckerman, White Plains, N.Y. (Linda A. Redlisky of counsel), for appellant.

Michael P. O'Connor, New City, N.Y., for respondent.

Cassandra Bilotta, New City, N.Y., attorney for the child.

Before: WILLIAM F. MASTRO, J.P., MARK C. DILLON, RANDALL T. ENG, ARIEL E. BELEN, JJ.

DECISION & ORDER

ORDERED that the order is affirmed, with costs.

Absent "exceptional circumstances," some form of visitation with the noncustodial parent "is always appropriate" (Zafran v. Zafran, 28 A.D.3d 753, 755; see Weiss v. Weiss, 52 N.Y.2d 170, 175; Matter of Thompson v. Yu-Thompson, 41 A.D.3d 487, 488; Matter of...

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