Barran v. Nayyar, 2
| Decision Date | 07 June 1991 |
| Docket Number | No. 2,2 |
| Citation | 174 A.D.2d 1012,572 N.Y.S.2d 821 |
| Parties | Kathleen BARRAN, Respondent, v. Harsh NAYYAR, Appellant. Appeal |
| Court | New York Supreme Court — Appellate Division |
Gary M. Glassman by Richard Alderman, Orlando, Fla., Alderman & Alderman, by Richard Alderman, Syracuse, for appellant.
Barbara T. Walzer by Mary Fahey, Syracuse, for respondent.
Before DOERR, J.P., and BOOMER, GREEN, PINE and DAVIS, JJ.
Petitioner, who is Hindu, argues that the court erred in ordering that when his son visits him, respondent "shall comply with the ordinance of the Ukrainian Catholic Church in that the child shall attend Mass on Sundays and other Holy Days of Obligation which may occur during visitation." We disagree. The order did not impermissibly interfere with respondent's own religious practices (cf., Kadin v. Kadin, 131 A.D.2d 437, 515 N.Y.S.2d 868; see, Bentley v. Bentley, 86 A.D.2d 926, 448 N.Y.S.2d 559). He does not argue that the order was contrary to the best interest of the child, which is the applicable standard (see, Domestic Relations Law § 70; Eschbach v. Eschbach, 56 N.Y.2d 167, 451 N.Y.S.2d 658, 436 N.E.2d 1260; Friederwitzer v. Friederwitzer, 55 N.Y.2d 89, 95, 447 N.Y.S.2d 893, 432 N.E.2d 765; Kadin v. Kadin, supra, 131 A.D.2d at 439, 515 N.Y.S.2d 868).
Order unanimously affirmed without costs.
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