Appellate Division of the Supreme Court of the State of New York December 15, 2011 (Januszka v. Januszka)

Stein, J.

Petitioner (hereinafter the father) and respondent (hereinafter the mother) are the parents of two children (born in 2001 and 2004). Pursuant to an order entered in October 2009, the mother had sole custody of the children and the father — who was then incarcerated — was entitled to communicate with the children by mail and by telephone, subject to certain terms and conditions.