| Matter of Colter v Baker |
| 2013 NY Slip Op 01827 [104 AD3d 850] |
| March 20, 2013 |
| Appellate Division, Second Department |
| In the Matter of Lamont A. Colter,Appellant, v Le-Ann S. Baker, Respondent. |
—[*1]
In a proceeding pursuant to Family Court Act article 6, which was transferred to theIntegrated Domestic Violence Part of the Supreme Court (see 22 NYCRR 141.4),the father appeals, as limited by his brief, from stated portions of an amended order of theSupreme Court, Nassau County (St. George, J.), dated January 5, 2011, which, after ahearing, inter alia, awarded him only supervised visitation with the subject child upon hisrelease from incarceration.
Ordered that the amended order is affirmed insofar as appealed from, without costsor disbursements.
Contrary to the father's contentions, the Supreme Court providently exercised itsdiscretion in directing, inter alia, that his visitation with the child be supervised upon hisrelease from incarceration (seeMatter of Bullinger v Costa, 63 AD3d 735, 735-736 [2009]; Matter of Anaya v Hundley, 12AD3d 594, 595 [2004]). Given the totality of the circumstances (see Eschbach vEschbach, 56 NY2d 167, 172 [1982]), including the age of the child, the father'scriminal background, and his history of domestic violence, the court properly determinedthat unsupervised visitation with the father at the present time would not be in the child'sbest interests (see Matter of Bullinger v Costa, 63 AD3d at 735-736; Matterof Anaya v Hundley, 12 AD3d at 595).
The father's remaining contentions are without merit. Skelos, J.P., Leventhal, Halland Sgroi, JJ., concur.