SUPREME COURT: COUNTY OF CHAUTAUQUA
vs Index #G-08557
FRANK D. GRECO
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
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
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
THIS IS THE DECISION AND ORDER OF THIS COURT.
Dated: October , 1995
Mayville, New York
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.