In related visitation proceedings pursuant to Family Court Act article 6, the father appeals, as limited by his brief, from so much of an order of the Family Court, Suffolk County (Hoffmann, J.), dated December 24, 2008, as, after a hearing, and upon denying the mother’s petition to modify the custody and visitation provisions of a prior order of the same court (Kelley, Ct. Att. Ref.), dated December 30, 2007, awarding sole legal and physical custody of the subject children to the father, awarding the mother supervised therapeutic visitation, and directing that the father designate the therapist, modified the prior order by deleting the provision directing that the father designate the therapist and to provide that the court, upon consultation with the attorney for the children, designate the therapist to conduct the supervised therapeutic visitation, and directed that the attorney for the children, upon notice to the parties, submit to the court a report “as to the progress being made in said supervised therapeutic visitation.”
Ordered that the order dated December 24, 2008 is modified, on the law, (1) by deleting the provision thereof modifying the prior order dated December 30, 2007, to provide that the court, upon consultation with the attorney for the children, designate the therapist to conduct the supervised therapeutic visitation, and substituting therefor a provision modifying the prior order dated December 30, 2007, to provide that the court, upon consultation with the attorney for the children and the parties, designate the therapist to conduct the supervised therapeutic visitation, and (2) by deleting the provision thereof directing that the attorney for the children, upon notice to the parties, submit to the court a report “as to the progress being made in said supervised therapeutic visitation,” and substituting therefor a provision directing the attorney for the children to obtain a report “as to the progress being made in said supervised therapeutic visitation,” from the therapist conducting the supervised therapeutic visitation and submit that report to the court and the parties; as so modified, the order is affirmed insofar as appealed from, without costs or disbursements, and the matter is remitted to the Family Court, Suffolk County, for further proceedings consistent herewith.
The Family Court’s determination that there had been a
The father’s remaining contentions are either not properly before this Court or without merit. Prudenti, PJ., Miller, Covello and Austin, JJ., concur.