From Casetext: Smarter Legal Research

Ammirata v. Ammirata

Appellate Division of the Supreme Court of New York, Second Department
Mar 25, 2008
49 A.D.3d 829 (N.Y. App. Div. 2008)

Opinion

No. 2006-10461.

March 25, 2008.

In a child custody proceeding pursuant to Family Court Act article 6, the mother appeals from an order of the Supreme Court, Nassau County (Ayres, J.), dated September 29, 2006, which, after a hearing, granted her petition for increased visitation with her children only to the extent of awarding her limited visitation.

Neal D. Futerfas, White Plains, N.Y., for appellant.

Amy L. Colvin, Huntington, N.Y., for respondent.

William A. Sheeckutz, Wantagh, N.Y., attorney for the children.

Before: Skelos, J.P., Angiolillo, Leventhal and Belen, JJ.


Ordered that the order is affirmed, without costs and disbursements.

A visitation order may be modified upon a showing of a subsequent change of circumstances and that modification is required ( see Family Ct Act § 467 [b] [ii]; Matter of Sullivan v Sullivan, 40 AD3d 865; Matter of Manos v Manos, 282 AD2d 749). Here, the evidence presented at the hearing warranted increasing the visitation the mother was afforded. The most important factor to be considered in adjudicating visitation rights is the best interests of the children ( see Matter of Wilson v McGlinchey, 2 NY3d 375, 381; Friederwitzer v Friederwitzer, 55 NY2d 89, 95-96; Messinger v Messinger, 16 AD3d 562, 563). The Family Court's determination modifying the visitation schedule and affording the mother visitation on one weekend per month, one night per week, and various other days, was in the children's best interests ( see Matter of Sullivan v Sullivan, 40 AD3d 865; Messinger v Messinger, 16 AD3d at 563).

The mother's remaining contention is without merit.


Summaries of

Ammirata v. Ammirata

Appellate Division of the Supreme Court of New York, Second Department
Mar 25, 2008
49 A.D.3d 829 (N.Y. App. Div. 2008)
Case details for

Ammirata v. Ammirata

Case Details

Full title:In the Matter of JAMES W. AMMIRATA, Respondent, v. GINA AMMIRATA, Appellant

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

Date published: Mar 25, 2008

Citations

49 A.D.3d 829 (N.Y. App. Div. 2008)
2008 N.Y. Slip Op. 2803
853 N.Y.S.2d 902

Citing Cases

Shockome v. Shockome

Ordered that the order is affirmed insofar as appealed from, without costs or disbursements. In adjudicating…

Razdan v. Mendoza-Pautrat

The best interests of the child are determined by a review of the totality of the circumstances (see Eschbach…