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In the Matter of Barney M. Mathewson, Jr v. Elizabeth Sessler

April 27, 2012

IN THE MATTER OF BARNEY M. MATHEWSON, JR.,
PETITIONER-RESPONDENT,
v.
ELIZABETH SESSLER,
RESPONDENT-APPELLANT.



Appeal from an order of the Family Court, Onondaga County (Gina M. Glover, R.), entered April 25, 2011 in a proceeding pursuant to Family Court Act article 6.

Matter of Matter of Mathewson v Sessler

Decided on April 27, 2012

Appellate Division, Fourth Department

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.

PRESENT: CENTRA, J.P., CARNI, LINDLEY, SCONIERS, AND MARTOCHE, JJ.

The order, inter alia, granted the parties joint legal custody of their children.

LINDA M. CAMPBELL, SYRACUSE, FOR RESPONDENT-APPELLANT.

TERRI BRIGHT, FABIUS, FOR PETITIONER-RESPONDENT.

DENNIS S. LERNER, ATTORNEY FOR THE CHILDREN, SYRACUSE, FOR MICHAEL B.M., KATHLEEN M.M., AND SAMUEL N.M. It is hereby ORDERED that the order so appealed from is unanimously modified on the law and facts by denying the father's petition in part, vacating the 1st through 11th ordering paragraphs and inserting in place thereof the following: ORDERED, that the father shall enjoy parenting time with the children on alternate weekends beginning May 1, 2012, from Friday at 6:30 p.m. until Sunday at 6:30 p.m.; and it is further

ORDERED, that the mother shall enjoy parenting time with the children each and every Thanksgiving weekend from Wednesday at 6:30 p.m. until Sunday at 6:30 p.m. and that such time shall take precedence over the father's regularly scheduled alternate weekend parenting time, without a right to the father for makeup time in the event there is a conflict; and it is further

ORDERED, that the father shall enjoy parenting time with the children each and every Easter weekend from Friday at 6:30 p.m. until Sunday at 6:30 p.m.; and it is further

ORDERED, that the father shall enjoy parenting time with the children on the father's birthday for a minimum of three hours and each of the children's birthdays for a minimum of two hours; and it is further
ORDERED, that the mother shall enjoy parenting time with the children on the mother's birthday for a minimum of three hours and each of the children's birthdays for a minimum of two hours; and it is further ORDERED, that the father shall enjoy parenting time with the children on Father's Day from 10:00 a.m. until 6:30 p.m., ...

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