Cabano v. Petrella, 2018–06894
| Citation | 94 N.Y.S.3d 376,169 A.D.3d 901 |
| Decision Date | 20 February 2019 |
| Docket Number | 2018–06894,Docket No. V–21947–11/17D |
| Parties | In the Matter of Robert J. CABANO, Respondent, v. Tania PETRELLA, Appellant. |
| Court | New York Supreme Court Appellate Division |
169 A.D.3d 901
94 N.Y.S.3d 376
In the Matter of Robert J. CABANO, Respondent,
v.
Tania PETRELLA, Appellant.
2018–06894
Docket No. V–21947–11/17D
Supreme Court, Appellate Division, Second Department, New York.
Submitted - January 24, 2019
February 20, 2019
Susan D. Stuart, Smithtown, NY, for appellant.
Karyn A. Villar, PLLC, Hauppauge, NY, for respondent.
Laurette D. Mulry, Central Islip, N.Y. (John B. Belmonte of counsel), attorney for the child.
REINALDO E. RIVERA, J.P., RUTH C. BALKIN, LEONARD B. AUSTIN, ROBERT J. MILLER, JJ.
DECISION & ORDER
In a proceeding pursuant to Family Court Act article 6, the mother appeals from an order of the Family Court, Suffolk County (Kerri N. Lechtrecker, Ct. Atty. Ref.), dated May 11, 2018. The order, insofar as appealed from, after a hearing, granted the father's petition insofar as it sought additional parental access with the child, and set forth the number of hours each party is entitled to parental access with the child on the mother's birthday, the father's birthday, and the child's birthday.
ORDERED that the order is modified, on the facts, by deleting the provisions thereof setting forth the number of hours each party is entitled to parental access with the child on the mother's birthday, the father's birthday, and the child's birthday; 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 a new determination as to the number of hours each party will be entitled to parental access with the child on the mother's birthday, the father's birthday, and the child's birthday, and the parties' respective priority in selecting the times such parental access shall occur on those days; and it is further,
ORDERED that pending the new determination by the Family Court, Suffolk County, the provisions setting forth the number of hours each party is entitled to parental access with the child on the mother's
birthday, the father's birthday, and the child's birthday shall remain in effect.
In December 2013, the mother and the father entered into a so-ordered stipulation which, among other things, reaffirmed their joint legal custody, reaffirmed the mother's residential custody, and set forth a detailed parental access schedule. That arrangement remained substantively in effect upon a so-ordered stipulation to modify dated October 28, 2016.
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