SUPREME COURT: COUNTY OF CHAUTAUQUA

______________________________

SARANN VERLENI

Plaintiff,

vs Index #G-08557

FRANK D. GRECO

Defendant.

______________________________

FIORELLA & PALMER

(Thomas A. Palmer, Esq.

of Counsel) for Plaintiff

BROWN & KELLY

(Paula L. Feroleto, Esq.

of Counsel) for Defendant

RANDY H. RHINEHART, ESQ.

Law Guardian for Frank Greco

DECISION AND ORDER

GERACE, J.

Dr. and Mrs. Verleni move to reargue and/or change the

August 9, 1995 decision of this Court which denied their

application to relocate to Gainseville, Florida with their

family and young Frank Greco, child of the first marriage

of Mrs. Verleni.

There is no doubt the move is for sound economic

reasons; no doubt that Dr. Verleni's income will be

substantially improved; no doubt that if he makes the move,

he may be separated on a day to day basis from his wife and

young family; and no doubt he has carried a great deal of

financial responsibility for young Frank.

Likewise, there is no doubt that the move will

substantially deprive Frank's natural father of regular and

reasonable contact with his son.

Dr. Verleni bases his request on the appeal that the

"unfortunate result of the Court's decision is that my

family and I will be separated for two (2) years." Mr.

Greco argues that the unfortunate result of a decision

allowing the move will separate him from his son.

The Court is convinced that if Dr. Verleni was in

Mr. Greco's shoes, he would not want a Court to disturb

reasonable contact with his family by allowing a move 2,000

miles away.

As the Court indicated in its earlier decision, if

Dr. and Mrs. Verleni make the move, the Court will allow

maximum opportunities for Frank's visits to Florida.

For all the reasons cited in the Court's earlier

decision, the motion of plaintiff for rearguement is

denied.

THIS IS THE DECISION AND ORDER OF THIS COURT.

Dated: October , 1995

Mayville, New York

_________________________

JOSEPH GERACE

Supreme Court Justice

To all Counsel:

Please take notice that a DECISION and ORDER of

which the within is a copy, is duly granted in the above

entitled action on the day of , 1995, and

duly entered in the office of the Clerk of the County of

Chautauqua on the same date.