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Serra v. Benitez

SUPREME COURT OF THE STATE OF NEW YORK APPELLATE DIVISION SECOND JUDICIAL DEPARTMENT


January 19, 2010

IN THE MATTER OF VILMA SERRA, PETITIONER,
v.
EDWIN BENITEZ, RESPONDENT. (PROCEEDING NO. 1)
IN THE MATTER OF EDWIN BENITEZ, RESPONDENT,
v.
VILMA SERRA, APPELLANT. (PROCEEDING NO. 2)

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.

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

JOSEPH COVELLO, J.P., DANIEL D. ANGIOLILLO, RUTH C. BALKIN and SANDRA L. SGROI, JJ.

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

DECISION & ORDER

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

"The extent to which the non-custodial 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).

COVELLO, J.P., ANGIOLILLO, BALKIN and SGROI, JJ., concur.

20100119

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