Matter of Farina v McKevitt
2006 NY Slip Op 04840 [30 AD3d 519]
Decided on June 13, 2006
Appellate Division, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and subject to revision before publication in the Official Reports.


Decided on June 13, 2006
SUPREME COURT OF THE STATE OF NEW YORK
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
HOWARD MILLER, J.P.
DAVID S. RITTER
GLORIA GOLDSTEIN
ROBERT J. LUNN, JJ.
2004-04526 DECISION & ORDER

[*1]In the Matter of Robert L. Farina, respondent,

v

Jenny McKevitt, appellant. (Docket No. V-2147/01)





Gail Jacobs, Great Neck, N.Y., for appellant.
Altman & Altman, Bronx, N.Y. (Joseph A. Altman of
counsel), for respondent.
Jill W. Bauer, Garden City, N.Y., Law Guardian for the child.

In a child visitation proceeding pursuant to Family Court Act article 6, the mother appeals from so much of an order of the Family Court, Nassau County (Pessala, J.), dated May 13, 2004, as, after a hearing, granted the father's petition for visitation with the parties' son.

ORDERED that the order is affirmed insofar as appealed from, without costs or disbursements.

Visitation is a joint right of the noncustodial parent and child (see Weiss v Weiss, 52 NY2d 170, 175). Here, while the child did express a preference to end visitation with the father, the record supports the Family Court's determination that, in light of the child's age, maturity, and susceptibility to influence from the mother, visitation was nevertheless in the child's best interests (see Eschbach v Eschbach, 56 NY2d 167; Matter of Nancy M. v Brian M., 227 AD2d 404; Matter of Gerald D. v Lucille S., 188 AD2d 650).

The mother's remaining contention is not properly before this court.
MILLER, J.P., RITTER, GOLDSTEIN and LUNN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court