Brett R. v. Marla E.-R.

Appellate Division of the Supreme Court of New York

Brett R. v. Marla E.-R.

79 A.D.3d 506, 911 N.Y.S.2d 632

Appellate Division of the Supreme Court of the State of New York·Decided December 9, 2010·Published·Cited by 1 cases

Opinion

Order, Family Court, New York County (Gloria Sosa-Lintner, J.), entered on or about November 18, 2009, which dismissed this proceeding for custody of petitioner’s daughter, unanimously affirmed, without costs.

There is no evidence in this record that respondent wrongfully removed the subject child from New York State. Since the child resided outside the state for more than six months prior to the commencement of this proceeding, petitioner has failed to establish that New York is the child’s home state (see Domestic Relations Law § 75-a [7]), thus depriving the Family Court of jurisdiction to hear this matter (§ 76 [1] [a]). Concur — Andrias, J.E, Catterson, Moskowitz, Manzanet-Daniels and Román, JJ.

Free access — add to your briefcase to read the full text and ask questions with AI

Order, Family Court, New York County (Gloria Sosa-Lintner, J.), entered on or about November 18, 2009, which dismissed this proceeding for custody of petitioner’s daughter, unanimously affirmed, without costs.

There is no evidence in this record that respondent wrongfully removed the subject child from New York State. Since the child resided outside the state for more than six months prior to the commencement of this proceeding, petitioner has failed to establish that New York is the child’s home state (see Domestic Relations Law § 75-a [7]), thus depriving the Family Court of jurisdiction to hear this matter (§ 76 [1] [a]). Concur — Andrias, J.E, Catterson, Moskowitz, Manzanet-Daniels and Román, JJ.

Brett R. v. Marla E.-R., 79 A.D.3d 506, 911 N.Y.S.2d 632 (N.Y. Ct. App. 2010).

Pincite

79 A.D.3d 506 (Brett R. v. Marla E.-R.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Related