MATTER OF MESSMER v. ALVARADO

2010-03230

84 A.D.3d 810 (2011)

921 N.Y.S.2d 876

In the Matter of ANN MARIE MESSMER et al., Respondents, v. JOSEPH WILLIAM ALVARADO, Appellant.

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

Decided May 3, 2011.


Ordered that the order is affirmed insofar as appealed from, without costs or disbursements.

Contrary to the father's contention, the Family Court providently exercised its discretion in ordering, without a hearing, that the father, who was incarcerated outside of the State of New York, may contact the subject child only by mail twice a month. Under the circumstances, there was a substantial basis in the record for the Family Court's determination (see Matter of...

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