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In the Matter of Alston v. Curto

Appellate Division of the Supreme Court of New York, Second Department
Oct 27, 2003
309 A.D.2d 930 (N.Y. App. Div. 2003)

Opinion

2002-11323

Submitted October 7, 2003.

October 27, 2003.

In a visitation proceeding pursuant to Family Court Act article 6, the mother appeals from an order of the Family Court, Kings County (Wright, J.), dated December 16, 2002, as amended December 20, 2002, which granted the father visitation at his home in Massachusetts for summer vacation and holiday vacations in alternate years.

Michael Hueston, Brooklyn, N.Y., for appellant.

Before: DAVID S. RITTER, J.P., GLORIA GOLDSTEIN, SANDRA L. TOWNES, BARRY A. COZIER, JJ.


DECISION ORDER

ORDERED that the order, as amended, is affirmed, without costs or disbursements.

At the hearing on the petitioner's application for visitation, both parties were sworn. Their testimony was sufficient to support the determination of the Family Court and does not support the mother's contention that her work schedule rendered it impossible to deliver the child to the father in Massachusetts for summer vacation and holiday vacations in alternate years ( see Matter of Eckert v. Sommer, 295 A.D.2d 607). The mother's contention that the cost of compliance with the order of the Family Court would constitute an undue financial burden is unpreserved for appellate review.

RITTER, J.P., GOLDSTEIN, TOWNES and COZIER, JJ., concur.


Summaries of

In the Matter of Alston v. Curto

Appellate Division of the Supreme Court of New York, Second Department
Oct 27, 2003
309 A.D.2d 930 (N.Y. App. Div. 2003)
Case details for

In the Matter of Alston v. Curto

Case Details

Full title:IN THE MATTER OF IBN MALIK ALSTON, respondent, v. JESSICA CURTO, appellant

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Oct 27, 2003

Citations

309 A.D.2d 930 (N.Y. App. Div. 2003)
766 N.Y.S.2d 122