From Casetext: Smarter Legal Research

In re Serra

Appellate Division of the Supreme Court of New York, Second Department
Jan 19, 2010
69 A.D.3d 863 (N.Y. App. Div. 2010)

Opinion

Nos. 2009-04344, (Docket Nos. V-30102-07, V-30139-07).

January 19, 2010.

In two related 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, Kings County (Krauss, J.), dated April 3, 2009, as, after a hearing, granted that branch of the father's petition which was for visitation to the extent of awarding him visitation with the subject child on alternate weekends from Friday evening until Monday morning and for three 10-day periods during the summer vacation.

Cantor Coscia Schustal, LLP, Brooklyn, N.Y. (Michael A. Coscia of counsel), for appellant.

Edwin Benitez, Brooklyn, N.Y., respondent pro se.

Karen P. Simmons, Brooklyn, N.Y. (Janet Neustaetter and Barbara H. Dildine of counsel), attorney for the child.

Before: Covello, J.P., Angiolillo, Balkin and Sgroi, JJ., concur.


Ordered that the order is affirmed insofar as appealed from, with costs.

"The extent to which the noncustodial parent may exercise parenting time is a matter committed to the sound discretion of the hearing court, to be determined on the basis of the best interests of the child" ( Chamberlain v Chamberlain, 24 AD3d 589, 592). The Family Court's determination regarding visitation was not an improvident exercise of its discretion ( cf. Chamberlain v Chamberlain, 24 AD3d at 592).


Summaries of

In re Serra

Appellate Division of the Supreme Court of New York, Second Department
Jan 19, 2010
69 A.D.3d 863 (N.Y. App. Div. 2010)
Case details for

In re Serra

Case Details

Full title:In the Matter of VILMA SERRA, Petitioner, v. EDWIN BENITEZ, Respondent…

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

Date published: Jan 19, 2010

Citations

69 A.D.3d 863 (N.Y. App. Div. 2010)
2010 N.Y. Slip Op. 522
891 N.Y.S.2d 912

Citing Cases

McDaniel v. McDaniel

“The determination of visitation to a noncustodial parent is within the sound discretion of the hearing…