Pollack v. Pollack

• Decision Date: 18 November 2008
• Docket Number: 2007-10812,2008-03066,2007-10057
• Citation: 868 N.Y.S.2d 243,2008 NY Slip Op 09054,56 A.D.3d 637
• Parties: MICHAEL POLLACK, Respondent, v. FAITH POLLACK, Appellant.
• Court: New York Supreme Court — Appellate Division

56 A.D.3d 637

868 N.Y.S.2d 243

2008 NY Slip Op 09054

MICHAEL POLLACK, Respondent, v. FAITH POLLACK, Appellant.

2007-10057

2007-10812

2008-03066

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

November 18, 2008.

In an action for a divorce and ancillary relief, the mother appeals, as limited by her notices of appeal and brief, (1) from so much of an order of the Supreme Court, Queens County (Fitzmaurice, J.), dated September 10, 2007, as denied that branch of her motion which was for midweek visitation with the parties' infant son, (2) from so much of a judgment of divorce of the same court entered September 28, 2007 as awarded sole custody of the parties' infant son to the father and failed to award her midweek visitation with the parties' infant son, and (3) from so much of an order of the same court (Dorsa, J.) dated March 17, 2008 as granted that branch of her motion which was for midweek visitation with the parties' infant son only to the extent of granting her visitation with the parties' infant son every Wednesday from 5:00 P.M. to 7:30 P.M., and denied that branch of her motion which was for overnight midweek visitation with the parties' infant son.

Ordered that the appeal from so much of the order dated September 10, 2007 as denied that branch of the mother's motion which was for midweek visitation with the parties' infant son is dismissed; and it is further,

Ordered that the appeal from so much of the judgment entered September 28, 2007 as failed to award the mother midweek visitation with the parties' infant son is dismissed as academic, in light of so much of the order dated March 17, 2008 as granted that branch of the mother's motion which was for midweek visitation with the parties' infant son to the extent of granting her visitation with the parties' infant son every Wednesday from 5:00 P.M. to 7:30 P.M.; and it is further,

Ordered that the judgment is affirmed insofar as reviewed; and it is further,

Ordered that the order dated March 17, 2008 is affirmed insofar as appealed from; and it is further,

Ordered that one bill of costs is awarded to the father.

The appeal from so much of the order dated September 10, 2007 as denied that branch of the mother's motion which was for midweek visitation with the parties' infant son must be dismissed, as the right of direct appeal therefrom terminated with the entry of judgment in the action (see Matter of Aho, 39 NY2d 241, 248 [1976]). The issues raised on the appeal from the order dated September 10, 2007 are brought up for review and have been considered on the appeal from the order dated March 17, 2008.

The essential consideration in making an award of custody is the best interests of the child (see Friederwitzer v Friederwitzer, 55...