Opinion
1132 CAF 20-01613
02-04-2022
In the Matter of Teela PARATORE, Petitioner-Appellant, v. Michael PARATORE, Marlene Foley and Walter Foley, Respondents-Respondents.
KOSLOSKY & KOSLOSKY, UTICA (WILLIAM L. KOSLOSKY OF COUNSEL), FOR PETITIONER-APPELLANT. SCOTT T. GODKIN, WHITESBORO, FOR RESPONDENT-RESPONDENT MICHAEL PARATORE. STEPHANIE R. DIGIORGIO, UTICA, FOR RESPONDENT-RESPONDENT MARLENE FOLEY. DIANE MARTIN-GRANDE, ROME, ATTORNEY FOR THE CHILD.
KOSLOSKY & KOSLOSKY, UTICA (WILLIAM L. KOSLOSKY OF COUNSEL), FOR PETITIONER-APPELLANT.
SCOTT T. GODKIN, WHITESBORO, FOR RESPONDENT-RESPONDENT MICHAEL PARATORE.
STEPHANIE R. DIGIORGIO, UTICA, FOR RESPONDENT-RESPONDENT MARLENE FOLEY.
DIANE MARTIN-GRANDE, ROME, ATTORNEY FOR THE CHILD.
PRESENT: SMITH, J.P., PERADOTTO, CARNI, AND BANNISTER, JJ.
MEMORANDUM AND ORDER
It is hereby ORDERED that the order so appealed from is unanimously affirmed without costs.
Memorandum: Petitioner mother appeals from an order that, inter alia, modified a prior order of custody and visitation, entered on consent of the parties, by setting a specific schedule for the mother's parenting time.
Contrary to the mother's sole contention on appeal, we conclude that Family Court's determination regarding her parenting time was supported by a sound and substantial basis in the record (see generally Matter of Verne v. Hamilton , 191 A.D.3d 1433, 1434, 138 N.Y.S.3d 431 [4th Dept. 2021] ; Matter of Allen v. Boswell , 149 A.D.3d 1528, 1529, 53 N.Y.S.3d 432 [4th Dept. 2017], lv denied 30 N.Y.3d 902, 2017 WL 4653468 [2017] ). Although the mother contends that the parenting time schedule set by the court was too restrictive, the record establishes that the court's determination resulted from a "careful weighing of [the] appropriate factors" as applied to the circumstances of this case ( Matter of Biernbaum v. Burdick , 162 A.D.3d 1664, 1665, 80 N.Y.S.3d 761 [4th Dept. 2018] [internal quotation marks omitted]), and the court explicitly provided that the mother's consistent exercise of the established parenting time would constitute a change in circumstances allowing her to seek modification of the order in the near future.