MATTER OF SMITH v. SMITH

2010-11607.

92 A.D.3d 791 (2012)

938 N.Y.S.2d 601

2012 NY Slip Op 1262

In the Matter of ROY SMITH, Appellant, v. CHARMAIN SMITH, Respondent.

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

Decided February 14, 2012.


Ordered that the order is modified, on the facts and in the exercise of discretion, by deleting the provision thereof, in effect, prohibiting the father from filing another petition for visitation for a period of three years; as so modified, the order is affirmed insofar as appealed from, without costs or disbursements.

"The court has discretion to determine what, if any, visitation is in the best interests of the child...

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