| Matter of Vialardi v Vialardi |
| 2009 NY Slip Op 08628 [67 AD3d 921] |
| November 17, 2009 |
| Appellate Division, Second Department |
| In the Matter of Erin Vialardi, Respondent, v RobertVialardi, Appellant. (Proceeding No. 1.) In the Matter of Robert Vialardi, Appellant, v ErinVialardi, Respondent. (Proceeding No. 2.) |
—[*1] Miano & Colangelo, Harrison, N.Y. (Joseph R. Miano of counsel), for respondent. George E. Reed, Jr., White Plains, N.Y., attorney for the child.
In related child custody proceedings pursuant to Family Court Act article 6, the fatherappeals, as limited by his brief, from so much of an order of the Family Court, WestchesterCounty (Klein, J.), dated November 25, 2008, as, after a hearing, awarded the mother finaldecision-making authority for the subject child.
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 toexercising her final decision-making authority for the subject child; as so modified, the order isaffirmed insofar as appealed from, without costs or disbursements.
While a custody award is a matter within the discretion of the trial court, whosedetermination is entitled to great weight on appeal (see Eschbach v Eschbach, 56 NY2d167, 173 [1982]; Matter of Waldron vDussek, 48 AD3d 471 [2008]), here, the court should have directed that the motherconsult with the father with respect to any issues involving the child's health, medical care,education, religion, and general welfare prior to exercising her final decision-making authorityfor the subject child. Dillon, J.P., Miller, Angiolillo and Dickerson, JJ., concur.