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IN RE: CHRISTOPHER B., Petitioner-Appellant, v. The ADMINISTRATION FOR CHILDREN'S SERVICES, et al., Respondents-Respondents.
Order, Family Court, Bronx County (Sidney Gribetz, J.), entered on or about March 23, 2005, which, after a hearing, denied and dismissed the petition brought pursuant to Family Court Act, article 6, seeking sibling visitation, unanimously affirmed, without costs.
Family Court's finding that forced visitation would be contrary to the child's best interests was supported by the record and is entitled to considerable deference (Matter of Justin H., 215 A.D.2d 180, 626 N.Y.S.2d 479 [1995], lv. denied 86 N.Y.2d 709, 634 N.Y.S.2d 443, 658 N.E.2d 221 [1995] ). The court properly considered that the 12-year-old child with whom visitation was sought did not want to be visited by, and was afraid of, petitioner, her 18-year-old brother. We note that the court-appointed psychologist recommended against the visitation, citing petitioner's lack of maturity and self-control and the evident danger that he would attempt to disrupt the relationship between his sister and her foster family (see Matter of Sherman v. Hughes, 32 A.D.3d 959, 821 N.Y.S.2d 628 [2006] ). Under the circumstances, a period of trial visitation would not have been appropriate.
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Decided: April 19, 2007
Court: Supreme Court, Appellate Division, First Department, New York.
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