| Matter of Kosowski v Kosowski |
| 2009 NY Slip Op 02790 [61 AD3d 689] |
| April 7, 2009 |
| Appellate Division, Second Department |
| In the Matter of John Kosowski, Appellant, v DoriKosowski, Respondent. |
—[*1] Joseph P. Abbenda, Glen Cove, N.Y., for respondent. John M. Zenir, Mineola, N.Y., attorney for the child.
In a visitation proceeding pursuant to Family Court Act article 6, the father appeals from (1)an order of the Family Court, Nassau County (Eisman, J.), dated December 18, 2007, which,without a hearing, in effect, denied his petition to enforce the visitation provisions of a judgmentof divorce dated August 2, 2004, and the parties' written stipulation of settlement dated January6, 2004, which was incorporated but not merged into the judgment of divorce, and directed himto have "therapeutic visitation" with the subject children, and (2) an order of the same courtdated June 10, 2008, which denied his motion, in effect, for leave to reargue and for resettlementof the order dated December 18, 2007.
Ordered that the appeal from the order dated June 10, 2008 is dismissed, without costs ordisbursements; and it is further,
Ordered that the order dated December 18, 2007 is reversed, on the law, without costs ordisbursements, and the matter is remitted to the Family Court, Nassau County, for a hearing anda new determination of the petition thereafter.
The appeal from the order dated June 10, 2008, must be dismissed, as no appeal lies from anorder denying reargument (see Williamsv Beach View Apt. Corp., 57 AD3d 975 [2008]), or resettlement of the [*2]decretal or substantive portions of an order (see Blue Chip Mtge. Corp. v Strumpf,50 AD3d 936, 937 [2008]).
Under the circumstances presented, the Family Court should have conducted a hearing onthe issues raised in the father's petition (see Matter of Skok v Skok, 100 AD2d 683, 684[1984]). Accordingly, the order dated December 18, 2007 must be reversed and the matterremitted to the Family Court, Nassau County, for a hearing and a new determination of thepetition. Spolzino, J.P., Fisher, Miller and Balkin, JJ., concur.