In the Matter of E. Paul Stewart v. Mosley
| Decision Date | 14 June 2011 |
| Citation | 2011 N.Y. Slip Op. 05287,925 N.Y.S.2d 594,85 A.D.3d 931 |
| Parties | In the Matter of E. Paul STEWART, appellant,v.Joy MOSLEY, respondent. |
| Court | New York Supreme Court — Appellate Division |
85 A.D.3d 931
925 N.Y.S.2d 594
2011 N.Y. Slip Op. 05287
In the Matter of E. Paul STEWART, appellant,
v.
Joy MOSLEY, respondent.
Supreme Court, Appellate Division, Second Department, New York.
June 14, 2011.
[925 N.Y.S.2d 595]
Pamela D. Hayes, New York, N.Y., for appellant.Avery & Avery, Philmont, N.Y. (Michelle I. Rosien of counsel), for respondent.Karen P. Simmons, Brooklyn, N.Y. (Heather L. Kalachman and Janet Neustaetter of counsel), attorney for the child.REINALDO E. RIVERA, J.P., ANITA R. FLORIO, THOMAS A. DICKERSON, and RANDALL T. ENG, JJ.
[85 A.D.3d 931] In related child custody proceedings pursuant to Family Court Act article 6, the father appeals, by permission, from an order of the Family Court, Kings County (Feldman, J.H.O.), dated July 27, 2010, which awarded temporary custody of the subject child and decision-making authority on educational issues for the 2010–2011 school year to the mother, and limited his visitation with the child to three weekends and one Tuesday evening per month.
ORDERED that the order is reversed, on the law, without costs or disbursements, and the matter is remitted to the Family Court, Kings County, for a new determination, forthwith, regarding the temporary custody of the subject child; and it is further,
ORDERED that pending a new determination of temporary custody, the child shall remain with the mother, and the visitation rights of the father set forth in the order appealed from shall remain in effect.
In August 2007, the father and mother both filed petitions seeking custody of their daughter, who is now seven years old. By order of reference dated October 3, 2008, the Family Court referred the matter to a Judicial Hearing Officer (hereinafter JHO) to hear and report on the parties' respective custody petitions. While the parties were still in the midst of the custody hearing, the attorney for the child moved to award temporary custody of the child and decision-making authority on educational issues to the mother. By order dated July 27, 2010, the JHO granted the motion and issued an order awarding temporary[85 A.D.3d 932] custody of the child and decision-making authority on educational issues for the 2010–2011 school year to the mother, and limiting the father's visitation with the child to three weekends and one Tuesday evening per month.
On appeal, the father contends that the JHO was not authorized to issue the order dated July 27, 2010, inter alia, awarding temporary custody of the child to the...
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