Hagzan-Pfaff v. Braisted

226 A.D.2d 724, 642 N.Y.S.2d 530, 1996 N.Y. App. Div. LEXIS 4612

This text of 226 A.D.2d 724 (Hagzan-Pfaff v. Braisted) 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.

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Hagzan-Pfaff v. Braisted, 226 A.D.2d 724, 642 N.Y.S.2d 530, 1996 N.Y. App. Div. LEXIS 4612 (N.Y. Ct. App. 1996).

Opinion

In a custody proceeding pursuant to Domestic Relations Law § 75-a, the petitioners appeal from an order of the Family Court, Suffolk County (Kent, J.), dated October 30, 1995, which, inter alia, granted the motion of Clifford Braisted and Eileen Leili to dismiss the petition.

Ordered that the order is affirmed, without costs or disbursements.

The record indicates that the Circuit Court of Pinellas County, Florida, had already determined that it had jurisdiction to decide the instant custody issue. Further, there was no evidence that the Florida court intended to relinquish its jurisdiction (see, Domestic Relations Law § 75-g). Accordingly, the Family Court, Suffolk County, did not err by declining to [725]*725exercise jurisdiction to determine the custody issue (see, Vanneck v Vanneck, 49 NY2d 602, 610; see also, Marks v Marks, 218 AD2d 642; Matter of Plum v Plum, 216 AD2d 302).

The petitioners’ remaining contentions are without merit. Santucci, J. P., Altman, Krausman and Goldstein, JJ., concur.

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Related

Vanneck v. Vanneck
404 N.E.2d 1278 (New York Court of Appeals, 1980)
Plum v. Plum
216 A.D.2d 302 (Appellate Division of the Supreme Court of New York, 1995)
Marks v. Marks
218 A.D.2d 642 (Appellate Division of the Supreme Court of New York, 1995)

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Bluebook (online)
226 A.D.2d 724, 642 N.Y.S.2d 530, 1996 N.Y. App. Div. LEXIS 4612, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hagzan-pfaff-v-braisted-nyappdiv-1996.