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MATTER OF DAVID V. v. ROSALIND W.

62 A.D.3d 717 (2009)

879 N.Y.S.2d 484

In the Matter of DAVID V., Appellant, v. ROSALIND W., Respondent.

Appellate Division of the Supreme Court of New York, Second Department.

Decided May 5, 2009.

Ordered that on the Court's own motion, the notice of appeal from the decision is deemed a notice of appeal from the order dated May 21, 2008 (see CPLR 5512 [a]); and it is further,

Ordered that the order is affirmed, without costs or disbursements.

The determination of whether to award visitation to a noncustodial parent lies within the sound discretion of the hearing court, and must be based upon the best interests of the child (see Matter of Herrera...

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