MATTER OF ALCANTARA v. GARCIA

2017-08727.

180 A.D.3d 1038 (2020)

120 N.Y.S.3d 406

2020 NY Slip Op 01340

In the Matter of Cirilo Alcantara, Appellant, v. Jesucita Garcia, Respondent.

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

Decided February 26, 2020.


Ordered that the order is affirmed, without costs of disbursements.

The father, who is incarcerated, filed a petition seeking parental access with two of the parties' children. In an order dated August 9, 2017, the Family Court dismissed the petition without conducting a hearing. The father appeals.

Parental access "determinations should generally be made after a full evidentiary hearing to ascertain the best interests...

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