IN RE: MAURICE REEVES (2012)

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

IN RE: MAURICE REEVES, PETITIONER–APPELLANT, v. ERIE COUNTY DEPARTMENT OF SOCIAL SERVICES, RESPONDENT–RESPONDENT.

CAF 11–01515

Decided: June 08, 2012

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

ALAN BIRNHOLZ, EAST AMHERST, FOR PETITIONER–APPELLANT. JOSEPH T. JARZEMBEK, BUFFALO, FOR RESPONDENT–RESPONDENT.

MEMORANDUM AND ORDER

DAVID C. SCHOPP, ATTORNEY FOR THE CHILDREN, THE LEGAL AID BUREAU OF BUFFALO, INC., BUFFALO (CHARLES D. HALVORSEN OF COUNSEL), FOR JORDAN B. AND JAYDEN G.

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

Memorandum: Petitioner appeals from an order dismissing his petitions seeking visitation with his stepsons on the ground that the evidence presented at the hearing was insufficient to determine whether visitation would be in the children's best interests. We affirm, but for a different reason. Contrary to the determination of Family Court, we conclude that petitioner lacks standing to seek visitation with the subject children (see Bank v. White, 40 AD3d 790, 791, lv dismissed 9 NY3d 1002; Matter of Boland v. Boland, 186 A.D.2d 1065, 1065).

Frances E. Cafarell

Clerk of the Court

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