Gassman Baiamonte Gruner PC

We are not moving croppedIn its January 11, 2017 decision in DeFilippis v. DeFilippis, the Appellate Division, Second Department, prevented a wife from relocating with the children from Floral Park to East Hampton, a move that would have curtailed the husband’s involvement in the children’s daily lives, school, and extracurricular activities.

The wife commenced this action for divorce. While the action was pending, the wife sought to relocate. The wife claimed that the move would enhance the children’s lives economically, emotionally, and educationally.

The husband opposed the relocation, contending that if the children moved to East Hampton he would be unable to remain involved in their daily lives, school, or extracurricular activities, as he would see them only on the weekends.

Nassau County Supreme Court Justice Hope Schwartz Zimmerman granted the wife’s relocation motion, and the husband appealed. The Second Department reversed (the appellate court had stayed the relocation order pending the appeal).


Continue Reading