Citation Numbers: 15 A.D.3d 310, 790 N.Y.S.2d 109, 2005 N.Y. App. Div. LEXIS 1933
Filed Date: 2/24/2005
Status: Precedential
Modified Date: 11/1/2024
Order, Family Court, Bronx County (Clark V Richardson, J.), entered on or about July 5, 2001, which denied the petition for visitation and ordered petitioner to complete a program for sex offenders, unanimously affirmed, without costs.
In light of the court’s undisputed findings in contemporaneous proceedings pursuant to Family Court Act article 10, that
Family Court properly considered the visitation issue within the context of the abuse proceedings since all aspects of custody and visitation are routinely considered by the Family Court throughout the pendency of abuse petitions (see Family Ct Act § 1051 [d]; § 1052 [a]).
Nor was an evidentiary hearing required. Under the circumstances, most notably petitioner’s plea of guilty to sexual abuse in the first degree in the underlying criminal proceedings, the court possessed sufficient information to properly determine the issue of visitation (see Matter of Vangas v Ladas, 259 AD2d 755, 755-756 [1999]).
We have considered petitioner’s remaining arguments and find them unavailing. Concur — Tom, J.E, Mazzarelli, Andrias, Friedman and Gonzalez, JJ.