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Palacz v. Palacz

249 A.D.2d 930 Court N.Y. App. Div. Decision date 1998-04-29 English

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p. 930
In the Matter of Ellen Palacz, Appellant, v Richard Palacz et al., Respondents.
[672 NYS2d 575]

—Order unanimously affirmed without costs. Memorandum: Family Court did not err in dismissing the petition alleging that Richard Palacz (respondent) violated the visitation provisions of a prior order by his conduct on January 7, 1997. Under the circumstances, no hearing was required (see, Bowie v Bowie, 182 AD2d 1049 , 1050). We agree with the court’s conclusion that the single alleged violation apparently arising from a conflict between the visitation schedule and the child’s academic needs, if established, would be too insubstantial to support the conclusion that respondent “defeated, impaired, impeded, or preju-

p. 931
diced” petitioner’s visitation rights (Judiciary Law § 753 [A]) and thus would not warrant the imposition of sanctions. The court’s admonition to respondent was sufficient in this instance. (Appeal from Order of Livingston County Family Court, Cicoria, J. — Visitation.) Present — Green, J. P., Pine, Hayes, Callahan and Fallon, JJ.

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