Vialardi v. Vialardi
Matter of Vialardi v Vialardi
2009 NY Slip Op 08628
Decided on November 17, 2009
Appellate Division, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law §
431.
This opinion is uncorrected and subject to revision before publication in
the Official Reports.
Decided on November 17, 2009
SUPREME COURT OF THE STATE OF
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
MARK C. DILLON, J.P.
HOWARD MILLER
DANIEL D. ANGIOLILLO
THOMAS A. DICKERSON, JJ.
2008-11095
(Docket Nos. V-6542-07, V-7118-07)
[*1]In the Matter of Erin Vialardi, respondent,
v
Robert Vialardi, appellant.
(Proceeding No. 1) In the Matter of Robert Vialardi, appellant, Erin Vialardi,
respondent. (Proceeding No. 2)
Berman Bavero Frucco
& Gouz, P.C.,
J. Bavero and Howard Leitner of counsel), for appellant.
Miano & Colangelo,
counsel), for respondent.
George E. Reed, Jr.,
DECISION & ORDER
In related child custody proceedings pursuant to Family Court Act article 6,
the father appeals, as limited by his brief, from so much of an order of the
Family Court, Westchester County (Klein, J.), dated November 25, 2008, as,
after a hearing, awarded the mother final decision-making authority for the
subject child.
ORDERED that the order is modified, on the law, on the facts, and in the
exercise of discretion, by adding a provision thereto providing that the mother
must consult with the father prior to exercising her final decision-making
authority for the subject child; as so modified, the order is affirmed insofar
as appealed from, without costs or disbursements.
While a custody award is a matter within the discretion of the trial court,
whose determination is entitled to great weight on appeal (see Eschbach v Eschbach, 56 NY2d 167,
173; Matter of Waldron v Dussek, 48 AD3d 471), here,
the court should have directed that the mother consult with the father with
respect to any issues involving the child's health, medical care, education,
religion, and general welfare prior to exercising her final decision-making
authority for the subject child.
DILLON, J.P., MILLER, ANGIOLILLO and DICKERSON, JJ.,
concur.
ENTER:
James Edward Pelzer
Clerk of the Court
-------
Matter of Vialardi v Vialardi
2009 NY Slip Op 08629
Decided on November 17, 2009
Appellate Division, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law §
431.
This opinion is uncorrected and subject to revision before publication in
the Official Reports.
Decided on November 17, 2009
SUPREME COURT OF THE STATE OF
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
MARK C. DILLON, J.P.
HOWARD MILLER
DANIEL D. ANGIOLILLO
THOMAS A. DICKERSON, JJ.
2009-03420
(Docket Nos. V-6542-07, V-7118-07)
[*1]In the Matter of Erin Vialardi, appellant,
v
Robert Vialardi, respondent.
(Proceeding No. 1) In the Matter of Robert Vialardi, respondent, Erin Vialardi,
appellant. (Proceeding No. 2) Miano & Colangelo,
Berman Bavero Frucco
& Gouz, P.C.,
J. Bavero and Howard Leitner of counsel), for respondent.
George E. Reed, Jr.,
DECISION & ORDER
In related custody proceedings pursuant to Family Court Act article 6, the
mother appeals, as limited by her brief, from so much of an order of the Family
Court, Westchester County (Klein, J.), dated March 25, 2009, as awarded the
father liberal visitation with the subject child.
ORDERED that the order is affirmed insofar as appealed
from, without costs or disbursements.
In adjudicating custody and visitation issues, the paramount concern is the
best interests of the child (see Domestic Relations Law § 70[a]; Eschbach v Eschbach, 56 NY2d 167,
171; Matter of Waldron v Dussek, 48 AD3d 471, 472).
The Family Court's determination in such matters is generally accorded great
deference on appeal and should not be disturbed unless it lacks a sound and
substantial basis in the record (see Eschbach v Eschbach, 56 NY2d at 173). Here, the Family Court's
determination awarding liberal visitation to the father had a sound and
substantial basis in the record (see Matter of Ring v Ring, 15 AD3d 406, 407).
DILLON, J.P., MILLER, ANGIOLILLO and DICKERSON, JJ.,
concur.
ENTER: [*2]
James Edward Pelzer
Clerk of the Court