From Casetext: Smarter Legal Research

Stebelsky v. Schleger

Supreme Court, Appellate Division, Second Department, New York.
Jan 13, 2016
135 A.D.3d 774 (N.Y. App. Div. 2016)

Opinion

01-13-2016

In the Matter of Alexandra Marie STEBELSKY, appellant, v. Randy Bryan SCHLEGER, respondent. (Proceeding No. 1) In the Matter of Randy Bryan Schleger, respondent, v. Alexandra Marie Stebelsky, appellant. (Proceeding No. 2).

Lisa Siano, Merrick, N.Y., for appellant. William A. Sheeckutz, East Meadow, NY, for respondent (no brief filed). Karen G. Brand, Manhasset, N.Y., attorney for the child.


Lisa Siano, Merrick, N.Y., for appellant.

William A. Sheeckutz, East Meadow, NY, for respondent (no brief filed).

Karen G. Brand, Manhasset, N.Y., attorney for the child.

Appeal from an order of the Family Court, Nassau County (Elaine Jackson Stack, J.H.O.), dated February 27, 2014. The order, insofar as appealed from, after a hearing, directed the mother to place the subject child in therapy with a child psychiatrist and failed to direct the father to pay a pro rata share of the cost of the therapy.

ORDERED that the order is affirmed insofar as appealed from, without costs or disbursements.

In these related custody and visitation proceedings, the Family Court, after a hearing, granted that branch of the mother's petition which was to suspend the father's visitation with the subject child. The court also directed the mother to place the child in intensive and consistent therapy with a child psychiatrist, with the goal of repairing the relationship between the father and the child so that visitation could resume in the future. The mother appeals.

The Family Court properly directed the mother to place the child in intensive and consistent therapy with a child psychiatrist, with the goal of repairing the relationship between the father and the child so that visitation could resume in the future (see Matter of Thompson v. Yu–Thompson, 41 A.D.3d 487, 488–489, 837 N.Y.S.2d 313 ; Catalan v. Catalan, 6 A.D.3d 482, 774 N.Y.S.2d 412 ; Ramshaw v. Ramshaw, 186 A.D.2d 243, 244, 588 N.Y.S.2d 310 ; Resnick v. Zoldan, 134 A.D.2d 246, 248, 520 N.Y.S.2d 434 ; see also Cook v. Rabinowitz, 5 A.D.3d 594, 594, 774 N.Y.S.2d 713 ). The record reveals that the therapy in which the mother had placed the child was neither consistent nor effective.

The mother's contention that the Family Court should have directed the father to pay a pro rata share of the cost of the therapy, raised for the first time on appeal, is not properly before this Court on this appeal (see Family Ct. Act § 416 ; Waterman v. Waterman, 160 A.D.2d 865, 554 N.Y.S.2d 298 ; Dapolito v. Dapolito, 150 A.D.2d 375, 375, 540 N.Y.S.2d 822 ).

MASTRO, J.P., LEVENTHAL, COHEN and LaSALLE, JJ., concur.


Summaries of

Stebelsky v. Schleger

Supreme Court, Appellate Division, Second Department, New York.
Jan 13, 2016
135 A.D.3d 774 (N.Y. App. Div. 2016)
Case details for

Stebelsky v. Schleger

Case Details

Full title:In the Matter of Alexandra Marie STEBELSKY, appellant, v. Randy Bryan…

Court:Supreme Court, Appellate Division, Second Department, New York.

Date published: Jan 13, 2016

Citations

135 A.D.3d 774 (N.Y. App. Div. 2016)
22 N.Y.S.3d 884
2016 N.Y. Slip Op. 201