IN RE: TRISTAN R. (2022)

Order, Family Court, Bronx County (Keith E. Brown, J.), entered on or about September 30, 2021, which granted petitioner foster care agency's motion to modify a prior visitation order to authorize agency supervised visitations only, unanimously affirmed, without costs.

The court's determination that agency supervised visits would serve the best interests of the child has a sound and substantial basis in the record and should not be disturbed (Linda R. v. Ari Z., 71 A.D.3d 465, 466, 895 N.Y.S.2d 412 [1st Dept. 2010]).  The requisite evidentiary basis exists for Family Court's finding that unsupervised visitation would have a negative impact on the child's well-being, namely that the father lacks sufficient insight on how to appropriately discipline the child who had significant special needs, and that the father has problems controlling his anger (see Matter of Frank M. v. Donna W., 44 A.D.3d 495, 844 N.Y.S.2d 22 [1st Dept. 2007]).  To the extent the court's determination turned almost entirely on assessments of the credibility of the witnesses and particularly on the assessment of the character and temperament of the father, its findings “must be accorded the greatest respect” (Matter of Irene O., 38 N.Y.2d 776, 777, 381 N.Y.S.2d 865, 345 N.E.2d 337 [1975];  see also Matter of Elissa A. v. Samuel B., 123 A.D.3d 638, 639, 999 N.Y.S.2d 76 [1st Dept. 2014]).