MATTER OF VIALARDI v. VIALARDI

2008-11095.

67 A.D.3d 921 (2009)

888 N.Y.S.2d 419

2009 NY Slip Op 08628

In the Matter of ERIN VIALARDI, Respondent, v. ROBERT VIALARDI, Appellant. (Proceeding No. 1.) In the Matter of ROBERT VIALARDI, Appellant, v. ERIN VIALARDI, Respondent. (Proceeding No. 2.)

Appellate Division of the Supreme Court of New York, Second Department.

Decided November 17, 2009.


Ordered that the order is modified, on the law, on the facts, and in the exercise of discretion, by adding a provision thereto providing that the mother must consult with the father prior to exercising her final decision-making authority for the subject child; as so modified, the order is affirmed insofar as appealed from, without costs or disbursements.

While a custody award is a matter within the discretion of the trial court, whose determination is entitled to...

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