IN RE: STEFANIE A. (2007)

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

IN RE: STEFANIE A., Petitioner-Respondent, v. LORAL R.H., JR., Respondent-Appellant.

Decided: June 08, 2007

PRESENT: SCUDDER, P.J., CENTRA, LUNN, FAHEY, AND PERADOTTO, JJ.

Theodore W. Stenuf, Minoa, for Respondent-Appellant.

We reject the contention of respondent, who is incarcerated, that Family Court erred in granting petitioner sole custody of the parties' child without conducting a hearing. While generally custody should not be awarded without an evidentiary hearing to determine the best interests of the child, “[n]o hearing is required upon a custody petition [where, as here,] the court possesses sufficient information to make a comprehensive assessment of the best interest[ ] of the child[ ]” (Matter of Van Orman v. Van Orman, 19 A.D.3d 1167, 1168, 796 N.Y.S.2d 498; see Matter of Woodruff v. Adside, 26 A.D.3d 866, 809 N.Y.S.2d 754). “As a result of his incarceration, respondent was incapable of fulfilling the obligations of a custodial parent” (Van Orman, 19 A.D.3d at 1168, 796 N.Y.S.2d 498; see Woodruff, 26 A.D.3d 866, 809 N.Y.S.2d 754), and we conclude that the court properly granted petitioner custody of the child without conducting a hearing (see Van Orman, 19 A.D.3d at 1168, 796 N.Y.S.2d 498).

It is hereby ORDERED that the order so appealed from be and the same hereby is unanimously affirmed without costs.

MEMORANDUM:

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