ALMASI v. BAUER (2006)

Supreme Court, Appellate Division, Fourth Department, New York.

Matter of Zoltan Rudy ALMASI, Jr., Petitioner-Respondent, v. Tina BAUER, Respondent-Appellant.

Decided: March 17, 2006

PRESENT: PIGOTT, JR., P.J., SCUDDER, GORSKI, MARTOCHE, AND GREEN, JJ.

William D. Broderick, Jr., Elma, for Respondent-Appellant. Dominic Paul Candino, Buffalo, for Petitioner-Respondent. Elisabeth M. Colucci, Law Guardian, Buffalo, for Matthew A.

Petitioner father commenced this proceeding seeking to suspend respondent mother's visitation with the parties' son. We agree with respondent that Family Court erred in modifying the terms of her visitation without conducting a hearing. The court is not required to conduct a hearing where “it is clear from the record that the court ‘possessed sufficient information to render an informed determination that was consistent with the child's best interests' ” (Matter of Bogdan v. Bogdan, 291 A.D.2d 909, 909, 738 N.Y.S.2d 278), but that is not the case here. We therefore reverse the order and remit the matter to Family Court for a hearing on the petition before a different judicial hearing officer.

It is hereby ORDERED that the order so appealed from be and the same hereby is unanimously reversed on the law without costs and the matter is remitted to Family Court, Erie County, for a hearing on the petition.

MEMORANDUM:

Was this helpful?

Why was this helpful?

Easy to understand

Solved my problem

Other

Why was this not helpful?

Missing the information I need

Too complicated / too many steps

Out of date

Other

Thank you for your feedback!

Welcome to FindLaw's Cases & Codes

A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes visit FindLaw's Learn About the Law.

Go To Learn About The Law