In Rubin v. Della Salla, 107 AD3d 60, 62, 964 N.Y.S.2d 41 [1st Dept 2013], in which the parties disputed who had the majority of the time with the child, the First Department held that overnights, not "waking hours," dictate which parent has more time for purposes of determining the custodial and non-custodial parent (107 AD3d at 69-70). Additionally, because the schedule in that case changed significantly during the summer months, the court looked at the two previous years and determined how many overnights each parent had.