Opinion
December 17, 1987
Appeal from the Supreme Court, New York County (Burton S. Sherman, J.).
We are in agreement with the I.A.S. court's determination of the varied issues presented, except with respect to that part of the order dated February 4, 1987, which, with regard to certain disputes to be referred to arbitration, provided forfeiture of the defendant's decision-making powers concerning the child of the two parties in the event that the arbitration award was contrary to defendant's demands. We are not persuaded that defendant's rights under the separation agreement to participate in decisions affecting the child should be forfeited merely because a particular dispute referred to arbitration is determined adversely to him, and accordingly modify that part of the relevant order as indicated above.
Concur — Murphy, P.J., Sandler, Carro, Rosenberger and Wallach, JJ.