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Chusid v. Silvera

Supreme Court of New York, Second Department

October 2, 2013

Rebecca Chusid, respondent,
v.
Daniel Silvera, appellant. v.

Alexander Potruch, LLC, Garden City, N.Y., for appellant.

Anthony A. Capetola, Williston Park, N.Y. (Robert P. Johnson of counsel), for respondent.

Patricia Manzo, Jericho, N.Y., attorney for the child.

REINALDO E. RIVERA, J.P., RUTH C. BALKIN, JOHN M. LEVENTHAL, JEFFREY A. COHEN, JJ.

DECISION & ORDER

In an action for a divorce and ancillary relief, the defendant appeals, as limited by his brief, from stated portions of an order of the Supreme Court, Nassau County (Janowitz, J.), dated January 17, 2013, which, without a hearing, inter alia, denied, as academic, that branch of his motion which was, in effect, for expanded pendente lite visitation with the parties' child.

ORDERED that the order is modified, on the facts and in the exercise of discretion, by deleting the provision thereof denying, as academic, that branch of the defendant's motion which was, in effect, for expanded pendente lite visitation with the parties' child, and substituting therefor a provision granting the motion to the extent of awarding the defendant, pendente lite, four weeks of summer visitation with the parties' child, and otherwise denying that branch of the motion; as so modified, the order is affirmed insofar as appealed from, without costs or disbursements.

Under the circumstances of this case, the Supreme Court improvidently exercised its discretion in denying that branch of the defendant's motion which was, in effect, for expanded pendente lite visitation with the parties' child. On this record, the best interests of the subject child (see generally Eschbach v Eschbach, 56 N.Y.2d 167, 171) would be served by granting the motion to the extent of awarding the defendant, pendente lite, four weeks of summer visitation.

The defendant's remaining contentions are either without merit or not properly before this Court.

Rebecca Chusid, respondent,

v

Daniel Silvera, appellant.

2013-02094

(Index No. 200102/11)

DECISION & ORDER ON MOTION


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