Robert R. v. Bonnie C.

Appellate Division of the Supreme Court of New York

Robert R. v. Bonnie C.

251 A.D.2d 1084, 675 N.Y.S.2d 574, 1998 N.Y. App. Div. LEXIS 7207

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

DecidedJune 10, 1998

StatusPublished

This text of 251 A.D.2d 1084 (Robert R. v. Bonnie C.) 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

Robert R. v. Bonnie C., 251 A.D.2d 1084, 675 N.Y.S.2d 574, 1998 N.Y. App. Div. LEXIS 7207 (N.Y. Ct. App. 1998).

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Opinion

—Order unanimously affirmed without costs. Memorandum: Family Court properly dismissed the custody petition for lack of subject matter jurisdiction (see, Domestic Relations Law § 75-d [1]). Petitioner’s allegations are insufficient to invoke jurisdiction on the ground that “it is necessary in an emergency to protect the child [ren]” (Domestic Relations Law § 75-d [1] [c] [ii]; cf., Matter of Maureen S. v Margaret S., 184 AD2d 159, 165). Because we conclude that the court lacked subject matter jurisdiction, it is unnecessary to address the other issues raised by petitioner. Petitioner’s remedy lies in seeking custody of the children in Missouri, their home State. (Appeal from Order of Seneca County Family Court, Bender, J. — Custody.) Present — Pine, J. P., Hayes, Wisner, Pigott, Jr., and Boehm, JJ.

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—Order unanimously affirmed without costs. Memorandum: Family Court properly dismissed the custody petition for lack of subject matter jurisdiction (see, Domestic Relations Law § 75-d [1]). Petitioner’s allegations are insufficient to invoke jurisdiction on the ground that “it is necessary in an emergency to protect the child [ren]” (Domestic Relations Law § 75-d [1] [c] [ii]; cf., Matter of Maureen S. v Margaret S., 184 AD2d 159, 165). Because we conclude that the court lacked subject matter jurisdiction, it is unnecessary to address the other issues raised by petitioner. Petitioner’s remedy lies in seeking custody of the children in Missouri, their home State. (Appeal from Order of Seneca County Family Court, Bender, J. — Custody.) Present — Pine, J. P., Hayes, Wisner, Pigott, Jr., and Boehm, JJ.

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Bluebook (online)

251 A.D.2d 1084, 675 N.Y.S.2d 574, 1998 N.Y. App. Div. LEXIS 7207, Counsel Stack Legal Research, https://law.counselstack.com/opinion/robert-r-v-bonnie-c-nyappdiv-1998.

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