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Matter of Ellison v. Ellison

Appellate Division of the Supreme Court of New York, Fourth Department
May 30, 1997
239 A.D.2d 924 (N.Y. App. Div. 1997)

Opinion

May 30, 1997

Present — Denman, P.J., Green, Balio, Boehm and Fallon, JJ.


Order unanimously affirmed without costs. Memorandum: Family Court properly dismissed the custody petition for lack of subject matter jurisdiction. Pursuant to Domestic Relations Law § 75-d(1)(a), part of the Uniform Child Custody Jurisdiction Act, Nevada is the children's "home state" and thus has jurisdiction to determine the issue of custody. Contrary to petitioner's assertion, it was unnecessary for the court to conduct a hearing to determine the issue of jurisdiction where petitioner had expressly conceded, in conversations with the court, that the children had left New York for Nevada more than six months prior to commencement of the proceeding. (Appeal from Order of Cayuga County Family Court, Corning, J. — Custody.)


Summaries of

Matter of Ellison v. Ellison

Appellate Division of the Supreme Court of New York, Fourth Department
May 30, 1997
239 A.D.2d 924 (N.Y. App. Div. 1997)
Case details for

Matter of Ellison v. Ellison

Case Details

Full title:In the Matter of ROBERT ELLISON, Appellant, v. MONICA ELLISON, Respondent

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

Date published: May 30, 1997

Citations

239 A.D.2d 924 (N.Y. App. Div. 1997)
659 N.Y.S.2d 595