| Matter of Vasquez v Medina |
| 2008 NY Slip Op 01957 [49 AD3d 547] |
| March 4, 2008 |
| Appellate Division, Second Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| In the Matter of Roberto Vasquez, Appellant, v Ivelis Medina, Respondent. |
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Blank Rome, LLP, New York, N.Y. (Dylan S. Mitchell and Heidi A. Tallentire of counsel), for respondent.
Carol Sherman, Brooklyn, N.Y. (Barbara H. Dildine and Janet Neustaetter of counsel), Law Guardian.
In a visitation proceeding pursuant to Family Court Act article 6, the father appeals from an order of the Family Court, Kings County (Grosvenor, J.), dated December 21, 2006, which, after a hearing, denied his petition for visitation with the subject child.
Ordered that the order is affirmed, without costs or disbursements.
The determination of visitation is within the sound discretion of the trial court based upon the best interests of the child, and its determination will not be set aside unless it lacks a sound and substantial basis in the record (see Cashel v Cashel, 46 AD3d 501 [2007]). Here, the Family Court's determination has a sound and substantial basis in the record to promote the best interests of the child by denying the father visitation. Spolzino, J.P., Santucci, Angiolillo and Carni, JJ., concur.