| Matter of Calvo v Herring |
| 2008 NY Slip Op 04690 [51 AD3d 916] |
| May 20, 2008 |
| Appellate Division, Second Department |
| In the Matter of Geraldine Calvo, Respondent, v BlakeHerring, Respondent. Larry B. Margolis, Nonparty Appellant. |
—[*1] Seth Myles, Brooklyn, N.Y., for petitioner-respondent.
In a proceeding pursuant to Family Court Act article 6 and Domestic Relations Law article5-A (Uniform Child Custody Jurisdiction and Enforcement Act), the attorney for the parties'children appeals from an order of the Family Court, Kings County (O'Shea, J.), dated June 29,2007, which, after a hearing, denied his motion for a determination that the Family Court hadsubject matter jurisdiction and dismissed the petition.
Ordered that the order is affirmed, without costs or disbursements.
The mother filed a petition in the Family Court, Kings County, to modify an order of custodyand visitation of the Superior Court of the State of Washington (hereinafter the Washingtoncourt). Subsequently, the attorney for the parties' children moved for a determination that theFamily Court had subject matter jurisdiction. The Family Court properly denied the motion anddismissed the petition for lack of subject matter jurisdiction because the Washington court neverdetermined that it no longer had continuing, exclusive jurisdiction (see DomesticRelations Law § 76-b [1]; Stockerv Sheehan, 13 AD3d 1 [2004]). Indeed, the Washington court issued an order regardingsummer visitation five days after the mother filed the instant petition. Furthermore, the fathercontinues to reside in the state of Washington and the Washington court did not make adetermination that a New York court would be a more appropriate forum (see DomesticRelations Law § 76-b). Skelos, J.P., Santucci, Balkin and Chambers, JJ., concur.