CATHLEEN CAMACHO PLAINTIFF RESPONDENT v. CHRISTOPHER CAMACHO DEFENDANT APPELLANT (2014)

Supreme Court, Appellate Division, Fourth Department, New York.

CATHLEEN CAMACHO, PLAINTIFF–RESPONDENT, v. CHRISTOPHER CAMACHO, DEFENDANT–APPELLANT.

CA 13–01151

Decided: March 28, 2014

PRESENT: SCUDDER, P.J., SMITH, CARNI, LINDLEY, AND SCONIERS, JJ.

VENZON LAW FIRM PC, BUFFALO (CATHARINE M. VENZON OF COUNSEL), FOR DEFENDANT–APPELLANT. TIMOTHY J. PAWARSKI, ELMA, FOR PLAINTIFF–RESPONDENT.

MEMORANDUM AND ORDER

GAYLE T. MURPHY, ATTORNEY FOR THE CHILD, HAMBURG.

It is hereby ORDERED that the order so appealed from is unanimously modified on the law by vacating the provision conditioning defendant's access to the child upon the agreement of the child's counselor, and as modified the order is affirmed without costs, and the matter is remitted to Supreme Court, Erie County, for further proceedings in accordance with the following Memorandum: Defendant appeals from an order that, inter alia, denied that part of his motion seeking access with the parties' child “until the child's counselor agrees that it would be appropriate.” We agree with defendant that Supreme Court thereby improperly delegated to the child's counselor the court's authority to determine issues involving the best interests of the child (see Matter of Hameed v. Alatawaneh, 19 AD3d 1135, 1136; Matter of Henrietta D. v. Jack K., 272 A.D.2d 995, 995). We therefore modify the order accordingly, and we remit the matter to Supreme Court for a determination of that part of defendant's motion seeking access with the child.

Frances E. Cafarell

Clerk of the Court

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