Howard v. Fullerton

Appellate Division of the Supreme Court of New York

Howard v. Fullerton

233 A.D.2d 444, 650 N.Y.S.2d 607, 1996 N.Y. App. Div. LEXIS 12040

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

DecidedNovember 18, 1996

StatusPublished

This text of 233 A.D.2d 444 (Howard v. Fullerton) 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

Howard v. Fullerton, 233 A.D.2d 444, 650 N.Y.S.2d 607, 1996 N.Y. App. Div. LEXIS 12040 (N.Y. Ct. App. 1996).

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Opinion

In consolidated proceedings pursuant to Family Court Act article 6 to modify a custody order of a Florida court, the Law Guardian for the child appeals from an order of the Family Court, Westchester County (Tolbert, J.), dated May 17, 1996, which denied a motion of the father, in which the Law Guardian joined, to vacate an order of the same court, dated July 28, 1995, which relinquished jurisdiction of the matter in favor of a Florida court.

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

At issue in these proceedings is whether a custody order entered by a Florida court should be modified. The mother still resides in Florida. The Family Court, after conferring with the Florida court, deferred jurisdiction over the parties’ dispute to the Florida court. There is no basis in the record to disturb that determination (see, 28 USC § 1738A [f]; Matter of JacksonOrdia v Ordia, 224 AD2d 529; Capobiano v Willis, 171 AD2d 834; Matter of Tenenbaum v Sprecher, 133 AD2d 371; Enslein v Enslein, 112 AD2d 973). Rosenblatt, J. P., Pizzuto, Friedmann and Goldstein, JJ., concur.

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In consolidated proceedings pursuant to Family Court Act article 6 to modify a custody order of a Florida court, the Law Guardian for the child appeals from an order of the Family Court, Westchester County (Tolbert, J.), dated May 17, 1996, which denied a motion of the father, in which the Law Guardian joined, to vacate an order of the same court, dated July 28, 1995, which relinquished jurisdiction of the matter in favor of a Florida court.

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

At issue in these proceedings is whether a custody order entered by a Florida court should be modified. The mother still resides in Florida. The Family Court, after conferring with the Florida court, deferred jurisdiction over the parties’ dispute to the Florida court. There is no basis in the record to disturb that determination (see, 28 USC § 1738A [f]; Matter of JacksonOrdia v Ordia, 224 AD2d 529; Capobiano v Willis, 171 AD2d 834; Matter of Tenenbaum v Sprecher, 133 AD2d 371; Enslein v Enslein, 112 AD2d 973). Rosenblatt, J. P., Pizzuto, Friedmann and Goldstein, JJ., concur.

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Bluebook (online)

233 A.D.2d 444, 650 N.Y.S.2d 607, 1996 N.Y. App. Div. LEXIS 12040, Counsel Stack Legal Research, https://law.counselstack.com/opinion/howard-v-fullerton-nyappdiv-1996.

Opinion

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