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In the Matter of Maurice Reeves v. Erie County Department of Social Services

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department


June 8, 2012

IN THE MATTER OF MAURICE REEVES,
PETITIONER-APPELLANT,
v.
ERIE COUNTY DEPARTMENT OF SOCIAL SERVICES,
RESPONDENT-RESPONDENT.

Appeal from an order of the Family Court, Erie County (Margaret O. Szczur, J.), entered June 8, 2011.

Matter of Matter of Reeves v Erie County Dept. of Social Servs.

Appellate Division, Fourth 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 8, 2012

PRESENT: SCUDDER, P.J., CENTRA, FAHEY, PERADOTTO, AND SCONIERS, JJ.

The order dismissed the petitions with prejudice.

It is hereby ORDERED that the order so appealed from is unanimously affirmed without costs.

Memorandum: Petitioner appeals from an order dismissing his petitions seeking visitation with his stepsons on the ground that the evidence presented at the hearing was insufficient to determine whether visitation would be in the children's best interests. We affirm, but for a different reason. Contrary to the determination of Family Court, we conclude that petitioner lacks standing to seek visitation with the subject children (see Bank v White, 40 AD3d 790, 791, lv dismissed 9 NY3d 1002; Matter of Boland v Boland, 186 AD2d 1065, 1065).

Entered: June 8, 2012

Frances E. Cafarell Clerk of the Court

20120608

© 1992-2012 VersusLaw Inc.



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