Barta v. Barta

Appellate Division of the Supreme Court of New York

Barta v. Barta

71 A.D.3d 764, 895 N.Y.S.2d 716

CourtAppellate Division of the Supreme Court of the State of New York

DecidedMarch 9, 2010

StatusPublished

This text of 71 A.D.3d 764 (Barta v. Barta) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Barta v. Barta, 71 A.D.3d 764, 895 N.Y.S.2d 716 (N.Y. Ct. App. 2010).

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Opinion

In two related family offense proceedings pursuant to Family Court Act article 8, the petitioner appeals from two orders (one in each proceeding) of the Family Court, Queens County, (O’Connor, J.), both dated May 11, 2009, which dismissed the respective petitions on the ground of lack of jurisdiction.

Ordered that the orders are reversed, on the law, without costs or disbursements, and the petitions are reinstated.

The Family Court erred in dismissing the petitions upon the ground that it lacked jurisdiction. Fursuant to Family Court Act § 818 a petitioner may commence a family offense proceeding either in the county where the “acts or acts referred to in the petition allegedly occurred” or in which “any party resides.” Residence for purposes of the statute includes a “shelter” (Family Ct Act § 818). Since the petitioner resided in a shelter located in Queens County when she commenced the proceedings, the Family Court, Queens County, had jurisdiction even though the acts allegedly occurred in Bronx County (see Matter of Lewis v Robinson, 41 AD3d 996 [2007]). Skelos, J.P., Florio, Hall and Austin, JJ., concur.

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In two related family offense proceedings pursuant to Family Court Act article 8, the petitioner appeals from two orders (one in each proceeding) of the Family Court, Queens County, (O’Connor, J.), both dated May 11, 2009, which dismissed the respective petitions on the ground of lack of jurisdiction.

Ordered that the orders are reversed, on the law, without costs or disbursements, and the petitions are reinstated.

The Family Court erred in dismissing the petitions upon the ground that it lacked jurisdiction. Fursuant to Family Court Act § 818 a petitioner may commence a family offense proceeding either in the county where the “acts or acts referred to in the petition allegedly occurred” or in which “any party resides.” Residence for purposes of the statute includes a “shelter” (Family Ct Act § 818). Since the petitioner resided in a shelter located in Queens County when she commenced the proceedings, the Family Court, Queens County, had jurisdiction even though the acts allegedly occurred in Bronx County (see Matter of Lewis v Robinson, 41 AD3d 996 [2007]). Skelos, J.P., Florio, Hall and Austin, JJ., concur.

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Bluebook (online)

71 A.D.3d 764, 895 N.Y.S.2d 716, Counsel Stack Legal Research, https://law.counselstack.com/opinion/barta-v-barta-nyappdiv-2010.

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