PALACZ v. PALACZ (1998)

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

Matter of Ellen PALACZ, Appellant, v. Richard PALACZ and Livingston County Department of Social Services, Respondents.

Decided: April 29, 1998

Before GREEN, J.P., and PINE, HAYES, CALLAHAN and FALLON, JJ.

Connor J. O'Brien, Webster, for Petitioner-Appellant. Livingston County Department of Social Services by Dennis Cohen, Caledonia, for Respondent-Respondent Livingston County DSS. Catherine Monachino, Elba, for Law Guardian.

Family Court did not err in dismissing the petition alleging that Richard Palacz (respondent) violated the visitation provisions of a prior order by his conduct on January 7, 1997. Under the circumstances, no hearing was required (see, Bowie v. Bowie, 182 A.D.2d 1049, 1050, 583 N.Y.S.2d 54). We agree with the court's conclusion that the single alleged violation apparently arising from a conflict between the visitation schedule and the child's academic needs, if established, would be too insubstantial to support the conclusion that respondent “defeated, impaired, impeded, or prejudiced” petitioner's visitation rights (Judiciary Law § 753[A] ) and thus would not warrant the imposition of sanctions. The court's admonition to respondent was sufficient in this instance.

Order unanimously affirmed without costs.

MEMORANDUM:

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