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Cesario v. Cesario

Appellate Division of the Supreme Court of New York, Second Department
Feb 17, 2004
4 A.D.3d 447 (N.Y. App. Div. 2004)

Opinion

2003-04680.

Decided February 17, 2004.

In an action for a divorce and ancillary relief, the plaintiff appeals from an order of the Supreme Court, Nassau County (Diamond, J.), dated April 18, 2003, which granted the defendant's motion to dismiss the complaint.

Philip M. Bernstein, Garden City, N.Y., for appellant.

Sari M. Friedman, P.C., Garden City, N.Y., for respondent.

Before: A. GAIL PRUDENTI, P.J., GLORIA GOLDSTEIN, DANIEL F. LUCIANO and BARRY A. COZIER, JJ.


DECISION ORDER

ORDERED that the order is affirmed, with costs.

Contrary to the plaintiff's contention, pursuant to Domestic Relations Law § 76, the State of Arkansas had jurisdiction to determine the issue of the custody of the parties' child ( see Domestic Relations Law § 76, see also Vanneck v. Vanneck, 49 N.Y.2d 602). Accordingly, the Supreme Court correctly determined that the Arkansas divorce decree, which awarded custody of the parties' child to the mother, was entitled to full faith and credit in New York ( see Domestic Relations Law § 77-b).

The plaintiff's remaining contentions are without merit.

PRUDENTI, P.J., GOLDSTEIN, LUCIANO and COZIER, JJ., concur.


Summaries of

Cesario v. Cesario

Appellate Division of the Supreme Court of New York, Second Department
Feb 17, 2004
4 A.D.3d 447 (N.Y. App. Div. 2004)
Case details for

Cesario v. Cesario

Case Details

Full title:JUAN CESARIO, appellant, v. LARISSA CESARIO, respondent

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Feb 17, 2004

Citations

4 A.D.3d 447 (N.Y. App. Div. 2004)
771 N.Y.S.2d 696