IN RE ANN D., pet-ap, v. DAVID S., res-res

14689-14690. IN RE ANN D., pet-ap, v. DAVID S., res-res — Dora M. Lassinger, East Rockaway, for ap — The Wallack Firm, P.C., New York (Robert M. Wallack of counsel), for res — RICHARD L. HERZFELD, PC, NEW YORK (RICHARD HERZFELD OF COUNSEL), ATTORNEY FOR THE CHILDREN.— Order, Family Court, New York County (George L. Jurow, J.H.O.), entered on or about June 12, 2013, which, after a hearing, inter alia, awarded respondent father sole decision-making authority with respect to the children’s religious practice and modified the parties’ residential access schedule by expanding respondent’s Wednesday overnight visitation with the children to include a full week every six weeks, unanimously modified, on the law and the facts, to vacate that portion of the order altering the residential access schedule and to revise the schedule for religious holidays as stated herein, and otherwise affirmed, without costs. Appeal from order, same court and J.H.O., entered on or about September 12, 2013, which denied petitioner mother’s petition seeking, inter alia, a clarification of the June 12, 2013 custody order for failure to state a cause of action, unanimously dismissed, without costs, as abandoned.

The court improvidently exercised its discretion in determining that respondent should receive an additional week of parenting time with the children every six weeks (see Matter of Damien P.C. v. Jennifer H.S., 57 AD3d 295, 296 [1st Dept 2008], lv denied 12 NY3d 710 [2009]; Ronald S. v. Lucille Diamond S., 45 AD3d 295, 296-207 [1st Dept 2007]). Petitioner and the children’s attorney argue that the children will suffer as a result of this expansion of time with respondent, and this argument has support in the record.