Peck v. Peck

—Order unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum: Family Court erred in awarding joint custody to the parties. The record establishes that the parties were unable "to communicate and deal with one another as amicable parents concerning [their children’s] care and upbringing” (Matter of Forjone v Plainer, 191 AD2d 1033, 1034; see, Voelker v Keptner, 156 AD2d 1014; Matter of Plumley v Lints, 124 AD2d 1028; cf., Matter of Clark v Dunn, 195 AD2d 811, 813-814). The court found that, if it were to award sole custody to one…