Matter of Vasquez v Medina
2008 NY Slip Op 01957 [49 AD3d 547]
March 4, 2008
Appellate Division, Second Department
As corrected through Wednesday, May 14, 2008


In the Matter of Roberto Vasquez, Appellant,
v
IvelisMedina, Respondent.

[*1]Lewis S. Calderon, Jamaica, N.Y., for appellant.

Blank Rome, LLP, New York, N.Y. (Dylan S. Mitchell and Heidi A. Tallentire of counsel),for respondent.

Carol Sherman, Brooklyn, N.Y. (Barbara H. Dildine and Janet Neustaetter of counsel), LawGuardian.

In a visitation proceeding pursuant to Family Court Act article 6, the father appeals from anorder of the Family Court, Kings County (Grosvenor, J.), dated December 21, 2006, which, aftera hearing, denied his petition for visitation with the subject child.

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

The determination of visitation is within the sound discretion of the trial court based uponthe best interests of the child, and its determination will not be set aside unless it lacks a soundand substantial basis in the record (seeCashel v Cashel, 46 AD3d 501 [2007]). Here, the Family Court's determination has asound and substantial basis in the record to promote the best interests of the child by denying thefather visitation. Spolzino, J.P., Santucci, Angiolillo and Carni, JJ., concur.


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