Opinion
February 13, 1996
Appeal from the Family Court, Dutchess County (Brands, J.).
Ordered that the order is affirmed, without costs or disbursements.
In this proceeding, the mother seeks to modify a Massachusetts custody determination. While New York has jurisdiction over this custody dispute pursuant to the Uniform Child Custody Jurisdiction Act (hereinafter the UCCJA) because it is the home State of the parties' child (see, Domestic Relations Law § 75-c; § 75-d [1] [a]), the jurisdictional provisions of the Parental Kidnaping Prevention Act (hereinafter the PKPA) ( 28 U.S.C. § 1738A) preempt those of the UCCJA (see, Capobianco v. Willis, 171 A.D.2d 834, 835-836; Enslein v. Enslein, 112 A.D.2d 973, 975).
The mother does not dispute that Massachusetts has continuing jurisdiction under the PKPA to modify its prior determination (see, 28 U.S.C. § 1738A [d]). Consequently, the Family Court properly concluded that it could not entertain the mother's application unless and until Massachusetts declined to exercise its jurisdiction (see, 28 U.S.C. § 1738A [f]; Capobianco v Willis, supra; Farrell v. Farrell, 133 A.D.2d 530; Enslein v Enslein, supra). Mangano, P.J., Copertino, Joy and Altman, JJ., concur.