Matter of Shira L. (Zindel L.)
2012 NY Slip Op 08125 [100 AD3d 998]
November 28, 2012
Appellate Division, Second Department
As corrected through Wednesday, December 26, 2012
As corrected through Wednesday, December 26, 2012


In the Matter of Shira L., Appellant. Zindel L.,Respondent.

[*1]Law Office of Brynde Berkowitz, P.C., Woodmere, N.Y., for appellant.

Jay C. Shoulson, Long Island City, N.Y., for respondent.

Roberta Chambers, Queens Village, N.Y., attorney for the children Aliza and Shlomo.

Eric Perlmutter, Jamaica, N.Y., attorney for the child Azriel.

In related custody and visitation proceedings pursuant to Family Court Act article 6, themother appeals, by permission, from an order of the Family Court, Queens County (Hunt, J.),dated March 20, 2012, which awarded the father temporary unsupervised visitation with theparties' son Azriel.

Ordered that the order is affirmed, with costs.

The Family Court did not improvidently exercise its discretion in granting the fathertemporary unsupervised visitation with the parties' son Azriel. Its determination had a sound andsubstantial basis in the record (seeMatter of Boggio v Boggio, 96 AD3d 834 [2012]; Matter of DeSimone v Delano, 94 AD3d 759 [2012]; Matter of Crowder v Austin, 90 AD3d753 [2011]). The Family Court possessed adequate relevant information to enable it to makean informed and provident determination with respect to the best interests of that child and,therefore, an evidentiary hearing was not necessary to render a temporary visitation determination(see Matter of Donovan C., 65AD3d 1041 [2009]; Bibas vBibas, 62 AD3d 924 [2009]; McAvoy v Hannigan, 41 AD3d 791 [2007]; Assini v Assini, 11 AD3d 417[2004]; Matter of Levande vLevande, 10 AD3d 723 [2004]). Florio, J.P., Leventhal, Austin and Roman, JJ., concur.


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