| Matter of Kalantarov v Kalantarova |
| 2013 NY Slip Op 05572 [109 AD3d 471] |
| August 7, 2013 |
| Appellate Division, Second Department |
| In the Matter of Yuriy Kalantarov,Appellant, v Susanna Kalantarova, Respondent. |
—[*1] Jill M. Zuccardy, New York, N.Y., for respondent. Karen P. Simmons, Brooklyn, N.Y. (Sena Kim-Reuter and Janet Neustaetter ofcounsel), attorney for the children.
In a visitation proceeding pursuant to Family Court Act article 6, the father appealsfrom an order of the Family Court, Kings County (Ramirez, J.), dated December 22,2011, which, upon his default in appearing for a hearing and the denial of his applicationfor leave to appear in court telephonically, dismissed his petition.
Ordered that the appeal from the order is dismissed except insofar as it brings up forreview the denial of the father's application for leave to appear in court telephonically(see CPLR 5511); and it is further,
Ordered that the order is affirmed insofar as reviewed, without costs ordisbursements.
Since the order appealed from was made upon the appellant's default in appearing,review is limited to matters which were the subject of contest below (see Matter of Paulino vCamacho, 36 AD3d 821 [2007]). Accordingly, in this case, review is limited tothe denial of the father's application for leave to appear in court telephonically (see Matter of Krische v Sloan,100 AD3d 758 [2012]).
Under the facts of this case, the Family Court did not improvidently exercise itsdiscretion in denying the father's application for leave to appear in court telephonically(see Matter of Krische vSloan, 100 AD3d 758 [2012]; cf. Matter of Vidal v Mintzer, 309 AD2d756, 758 [2003]). Angiolillo, J.P., Chambers, Roman and Hinds-Radix, JJ., concur.