In re Katrina E., 223 A.D.2d 363 (N.Y. App. Div. 1996). · Go Syfert
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In re Katrina E., 223 A.D.2d 363 (N.Y. App. Div. 1996). Cases Citing This Book View Copy Cite
10 citation events (10 in the last 25 years) across 1 distinct court.
Top citers, strongest first. 5 distinct citers. How cited ↗
discussed Cited as authority (rule) Matter of Boyd v. Westchester County Dept. of Social Servs.
N.Y. App. Div. · 2017 · confidence medium
Contrary to the appellant’s contention, the court also properly dismissed his request for visitation without a hearing (see Matter of McHarris v Administration for Children’s Servs., 53 AD3d at 660 ; Matter of Katrina E., 223 AD2d 363, 363 [1996]).
discussed Cited as authority (rule) In re Victoria XX.
N.Y. App. Div. · 2013 · confidence medium
The uncle lacks standing to seek visitation (see Family Ct Act § 1081; Domestic Relations Law §§ 71, 72; Matter of Katrina E., 223 AD2d 363, 363-364 [1996], lv denied 88 NY2d 809 [1996]; Matter of David M. v Lisa M., 207 AD2d 623, 624 [1994]); we are thus unable to grant his request for such relief, despite noting that it might in fact be in the child’s best interests to be allowed to retain some contact with his family.
discussed Cited as authority (rule) In re Victoria XX.
N.Y. App. Div. · 2013 · confidence medium
The uncle lacks standing to seek visitation (see Family Ct Act § 1081; Domestic Relations Law §§ 71, 72; Matter of Katrina E., 223 AD2d 363, 363-364 [1996], lv denied 88 NY2d 809 [1996]; Matter of David M. v Lisa M., 207 AD2d 623, 624 [1994]); we are thus unable to grant his request for such relief, despite noting that it might in fact be in the child’s best interests to be allowed to retain some contact with his family.
discussed Cited "see, e.g." Matter of AL.C.
N.Y. App. Div. · 2024 · signal: see also · confidence low
Standing It is settled law that standing is a threshold issue that must be addressed and satisfied before a court may even contemplate whether [such visitation] would be in the child's best interests ( see Matter of Joseph , 286 AD2d 995, 996 [4th Dept 2001] ["[s]tanding issue must be resolved. . . before the issue of the best interest of the child can be considered."]; see also Matter of Katrina E., 223 AD2d 363 [1st Dept 1996]; Matter of Brian H ., 25 AD3d 739 , 740 [2d Dept 2006]; Matter of Jessica F ., 7 AD3d 708, 710 [2d Dept 2004]; Matter of Bessette v Saratoga County Commr. of Social Se…
discussed Cited "see, e.g." Matter of AL.C.
N.Y. App. Div. · 2024 · signal: see also · confidence low
Standing It is settled law that standing is a threshold issue that must be addressed and satisfied before a court may even contemplate whether [such visitation] would be in the child's best interests ( see Matter of Joseph , 286 AD2d 995, 996 [4th Dept 2001] ["[s]tanding issue must be resolved. . . before the issue of the best interest of the child can be considered."]; see also Matter of Katrina E., 223 AD2d 363 [1st Dept 1996]; Matter of Brian H ., 25 AD3d 739 , 740 [2d Dept 2006]; Matter of Jessica F ., 7 AD3d 708, 710 [2d Dept 2004]; Matter of Bessette v Saratoga County Commr. of Social Se…
Retrieving the full opinion text from the archive…
In the Matter of Katrina E. and Another, Infants. Commissioner of Social Services of the City of New York, Respondents Debra L.
Appellate Division of the Supreme Court of the State of New York.
Jan 4, 1996.
223 A.D.2d 363
Cited by 8 opinions  |  Published

Order, Family Court, Bronx County (Susan Larabee, J.), entered August 22, 1994, which dismissed petitioners’ applications for visitation with their niece and nephew for lack of standing, unanimously affirmed, without costs.

Family Court correctly ruled that petitioners, the aunt and uncle of children whose care and custody has been transferred to the Commissioner of Social Services, have no standing to sue for visitation (Family Ct Act § 1081; Domestic Relations Law §§ 71, 72). Absent standing, the question of whether such visitation would be in the best interests of the children cannot[*364] be considered (Matter of Emanuel S. v Joseph E., 78 NY2d 178, 183; Matter of Bessette v Saratoga County Commr. of Social Servs., 209 AD2d 838, 839). Concur—Sullivan, J. P., Ellerin, Wallach and Rubin, JJ.