| Matter of Cooke v Alaimo |
| 2007 NY Slip Op 07430 [44 AD3d 655] |
| October 2, 2007 |
| Appellate Division, Second Department |
| In the Matter of Donald Cooke III, Appellant, v KimberlyA. Alaimo, Respondent. |
—[*1] Kimberly A. Alaimo, Port Richey, Florida, respondent pro se. Elizabeth A. Pfister, Center Moriches, N.Y., Law Guardian.
In a child custody proceeding pursuant to Family Court Act article 6, the father appeals froman order of the Family Court, Suffolk County (Snellenburg, J.H.O.), dated September 27, 2006,which, after a hearing, inter alia, granted the mother's cross petition for leave to relocate the childto Florida and awarded her an attorney's fee in the sum of $7,500.
Ordered that the order is modified, on the facts and in the exercise of discretion, by deletingthe provision thereof awarding the mother an attorney's fee in the sum of $7,500; as so modified,the order is affirmed, without costs or disbursements.
The Family Court's determination that relocation of the parties' child to Florida was in thebest interests of the child is supported by a sound and substantial basis in the record (seeMatter of Tropea v Tropea, 87 NY2d 727, 739 [1996]; Matter of Fegadel v Anderson, 40 AD3d 1091 [2007]; Tornheim v Tornheim, 28 AD3d535 [2006]). While the father's loss of midweek and alternate weekend visitation is notinsignificant, the visitation schedule allows for the continuation of a meaningful relationshipbetween the father and the child (see Matter of Tropea v Tropea, 87 NY2d at 727; Matter of Wisloh-Silverman v Dono,39 AD3d 555, 557 [2007]).
However, the Family Court improvidently exercised its discretion in awarding the mother anattorney's fee in the sum of $7,500 since neither party filed an affidavit of net worth as requiredby 22 NYCRR 202.16 (k) (2). Thus, no fee award was warranted in this matter. Under the [*2]circumstances of this case, we do not consider it appropriate toremit this matter to the Family Court, Suffolk County, for a hearing (see DomesticRelations Law § 237 [b]; cf. Frost v Goldberg, 31 AD3d 374 [2006]; Kane v Rudansky, 23 AD3d 349,350 [2005]). Schmidt, J.P., Santucci, Florio and Dillon, JJ., concur.