In the Matter of Penninipede v. Penninipede

• Decision Date: 05 April 2004
• Docket Number: 2000-10910.
• Citation: 2004 NY Slip Op 02589,775 N.Y.S.2d 329,6 A.D.3d 445
• Parties: In the Matter of ANN PENNINIPEDE, Appellant, v. NICHOLAS PENNINIPEDE, Respondent.
• Court: New York Supreme Court — Appellate Division

6 A.D.3d 445

775 N.Y.S.2d 329

2004 NY Slip Op 02589

In the Matter of ANN PENNINIPEDE, Appellant, v. NICHOLAS PENNINIPEDE, Respondent.

2000-10910.

Appellate Division of the Supreme Court of the State of New York, Second Department.

April 5, 2004.

In related proceedings pursuant to Family Court Act articles 4, 6, and 8, the mother appeals (1) from an order of the Family Court, Nassau County (Foskey, J.), dated October 5, 2000, which, inter alia, awarded the father joint legal custody of the parties' infant children and modified the child support award, and (2), as limited by her brief, from so much of an order of the same court, dated August 16, 2001, as denied her objections to an order

of the same court (Miller, H.E.), dated January 8, 2001, which, after a hearing, inter alia, awarded a credit to the father for certain support payments.

Ordered that the order dated October 5, 2000, is modified, on the facts and as a matter of discretion, by (1) deleting the first provision thereof awarding the father joint legal custody of the infant issue of the marriage and substituting therefor a provision awarding the father joint decision-making rights and responsibilities with respect to all health-related decisions involving the child Samantha, and (2) deleting from the second, third, and fourth provisions thereof all references to "the children" and substituting therefor references to "Samantha"; as so modified, the order dated October 5, 2000, is affirmed, without costs or disbursements; and it is further,

Ordered that the order dated August 16, 2001, is affirmed insofar as appealed from, without costs or disbursements.

The determination of the Family Court should not be disturbed unless it lacks a sound and substantial basis in the record (see Matter of Levande v Levande, 308 AD2d 450 [2003]; Koppenhoefer v Koppenhoefer, 159 AD2d 113, 116 [1990]). By order dated October 5, 2000, the Family Court modified the existing custody and support awards. Based on the best interests of the children after consideration of the totality of the circumstances (see Eschbach v Eschbach, 56 NY2d 167, 171 [1982]; Friederwitzer v Friederwitzer, 55 NY2d 89, 94-95 [1982]; Obey v Degling, 37 NY2d 768, 769-770 [1975]), the father was entitled to joint decision-making rights and responsibilities with respect to all health-related decisions involving his infant daughter, Samantha. It was unnecessary to award full joint legal custody of Samantha since the father expressed...