| Matter of Maura B. v Giovanni P. |
| 2013 NY Slip Op 07418 [111 AD3d 443] |
| November 12, 2013 |
| Appellate Division, First Department |
| In the Matter of Maura B., Appellant, v GiovanniP., Respondent. |
—[*1] Giovanni P., respondent pro se. Jo Ann Douglas, New York, attorney for the child.
Order, Family Court, New York County (George L. Jurow, J.H.O.), entered on orabout February 8, 2012, which dismissed the petitions to modify custody for lack ofjurisdiction, unanimously affirmed, without costs. Order, same court and hearing officer,entered on or about July 19, 2012, which denied petitioner's motion for emergencytemporary custody of the child, unanimously affirmed, without costs.
Family Court correctly determined that it lacked subject matter jurisdiction over thiscustody matter (see Domestic Relations Law §§ 76-b, 76-e; Stocker v Sheehan, 13 AD3d1 [1st Dept 2004]). The initial custody determination was made by the Court ofFlorence, Italy, in 2005. Since then, numerous proceedings have been held in Italy, whererespondent has resided since 2000. At the time the petition was filed, in 2011, aproceeding was ongoing in Italy, pursuant to which the parties had recently undergone aforensic evaluation, and a decision as to custody was expected imminently. And, inresponse to Family Court's inquiry, the Appellate Court of Florence advised that Italywould not decline jurisdiction.
The court also properly declined to exercise temporary emergency jurisdiction(see Domestic Relations Law § 76-c). The child was no longer present inthis jurisdiction, and petitioner's unsubstantiated allegations were insufficient to establishthat it was necessary in an emergency to protect the child.[*2]
We have considered petitioner's remainingcontentions and find them unavailing. Concur—Tom, J.P., Andrias, Friedman,Freedman and Clark, JJ.
Motion by the attorney for the child to strike petitioner's reply brief is granted to theextent of striking references to matters dehors the record.