Matter of Rueben D.R. (Rueben D.R.)
2003 NYSlipOp 11022
Decided on February 11, 2003
Appellate Division, First Department
This opinion is uncorrected and subject to revision before
publication in the Official Reports.
Mazzarelli, J.P., Andrias, Saxe, Buckley, Friedman, JJ.
148- 148A
[*1]In re Guardianship, etc., Rueben D.R., A Child Under the
Age of Eighteen Years, etc.,
and
Rueben D.R., Respondent-Appellant, The Catholic Home Bureau
for Dependent Children, etc., Petitioner-Respondent.
Dodd R. Terry
George E. Reed, Jr.
David A. Lore
Appeal from order, Family Court, Bronx County (Allen Alpert,
J.), entered on or about September 19, 2001, which, in a proceeding to
permanently terminate respondent's parental rights to the subject child, denied
respondent's motion for visitation with the child in prison, unanimously
dismissed as moot, without costs. Order, same court and Justice, entered on or
about January 22, 2002, which, after respondent's release from prison, denied
his motion for visitation with the child, unanimously affirmed, without costs.
Respondent's motion for visitation with the child in prison
was rendered moot upon his release from prison. The denial of visitation after
respondent's release from prison was properly based on compelling evidence,
adduced at the still ongoing fact-finding hearing, that respondent's
inappropriate behavior during the rare occasions he visited the child while not
in prison was detrimental to the child's welfare (see Matter of Williams v
Tillman, 289 AD2d 885; Matter of Tanya T., 252 AD2d 677, 679). We have
considered and rejected respondent's other contentions.
THIS CONSTITUTES THE DECISION AND ORDER
OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.
ENTERED: FEBRUARY 11, 2003
CLERK