Matter of Morales v Perez, 2019 NY Slip Op 03788 [172 AD3d 1070]

May 15, 2019

Appellate Division, Second Department

[*1]

In the Matter of Jose Morales, Appellant,

v

Juan Perez et al., Respondents.

Steven H. Klein & Associates, P.C., Poughkeepsie, NY (Cindy L. Sanchez of counsel), for appellant.

Daniel Gartenstein, Kingston, NY, for respondents.

Barry H. Friedman, Poughkeepsie, NY, attorney for the child.

In a proceeding pursuant to Domestic Relations Law § 72 (1) for visitation with the subject child, the paternal grandfather appeals from an order of the Family Court, Dutchess County (Tracy C. McKenzie, J.), dated June 29, 2018. The order, after a hearing, in effect, denied the petition.

Ordered that the order is affirmed, without costs or disbursements.

In 2017, the paternal grandfather of the subject child commenced this proceeding pursuant to Domestic Relations Law § 72 (1) for visitation with the child. After a hearing, the Family Court, in effect, denied the petition. The paternal grandfather appeals.

Contrary to the contention of the paternal grandfather, there is a sound and substantial basis in the record to support the Family Court’s conclusion that grandparent visitation is not in the child’s best interests ( see Matter of Troiano v Marotta , 127 AD3d 877 , 879 [2015]; Matter of Brendan N. [Arthur N.] , 72 AD3d 1138 , 1140 [2010]).

The paternal grandfather’s remaining contention is without merit. Chambers, J.P., Cohen, Duffy and Iannacci, JJ., concur..