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MATTER OF SASSOWER-BERLIN v. BERLIN

58 A.D.3d 635 (2009)

871 N.Y.S.2d 355

In the Matter of ELAINE SASSOWER-BERLIN, Respondent, v. LEONARD BERLIN, as Executor of STEPHEN BERLIN, Deceased, et al., Appellants.

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

January 13, 2009.

Ordered that the orders are reversed, on the law and as a matter of discretion, with one bill of costs, and the mother's petition is denied in its entirety.

"As a general rule, some form of visitation by the noncustodial parent is always appropriate, `absent exceptional circumstances, such as those in which it would be inimical to the welfare of the child or where a parent in some manner has forfeited his or her right to such access'" (Zafran v Zafran,

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