| Matter of Perez v Sepulveda |
| 2008 NY Slip Op 06571 [54 AD3d 347] |
| August 5, 2008 |
| Appellate Division, Second Department |
| In the Matter of Benjamin Perez, Respondent, v GrisselSepulveda, Appellant. |
—[*1] Robin Stone Einbinder, Jamaica, N.Y., for respondent Daniel E. Lubetsky, Jamaica, N.Y., attorney for the child.
In a child custody proceeding pursuant to Family Court Act article 6, the mother appealsfrom (1) an order of the Family Court, Queens County (Richroath, J.), dated August 1, 2007,which granted the father's motion to suspend two of her scheduled visitation sessions to theextent of directing that the father have uninterrupted time with the parties' child on August 4,2007, and August 18, 2007, and that the parties and the Queens Center for Change arrangemake-up visitation for the mother, and (2) an order of the same court, also dated August 1, 2007,which dismissed her petition alleging violation of an order of visitation.
Ordered that the appeal from so much of the first order dated August 1, 2007, as granted thefather's motion to the extent of directing that the father have uninterrupted time with the parties'child on August 4, 2007, and August 18, 2007, is dismissed as academic, without costs ordisbursements; and it is further,
Ordered that the first order dated August 1, 2007, is affirmed insofar as reviewed, withoutcosts or disbursements; and it is further,
Ordered that the second order dated August 1, 2007, is affirmed, without costs ordisbursements.[*2]
Contrary to the mother's contention, the Family Courtpossessed sufficient information to dismiss, without a hearing, the mother's petition allegingviolation of an order of visitation (see Matter of Perez v Sepulveda, 51AD3d 673 [2008];Matter of Hom v Zullo, 6 AD3d536 [2004]; Matter of Vangas v Ladas, 259 AD2d 755 [1999]).
The mother's remaining contentions are without merit.
The imposition of sanctions pursuant to 22 NYCRR 130-1.1 (c), as requested by therespondent and the attorney for the child, is not warranted. Skelos, J.P., Ritter, Florio and Carni,JJ., concur.