Summary
In Anonymous, supra, the Appellate Division in the First Department upheld the trial court's denial of an application that custody be determined in another state.
Summary of this case from G.S. v. A.S.Opinion
March 31, 1998
Appeal from the Supreme Court, New York County (Fern Fisher-Brandveen, J.).
Supreme Court properly assumed jurisdiction to determine the child custody issues arising in the context of the within matrimonial action. Under the circumstances of this case, it will be in the child's best interest ( see, Domestic Relations Law § 75-d [b]) to have the matters of custody, visitation, and support resolved in one plenary proceeding along with the other relevant issues raised in the parties' ongoing New York divorce action ( see, Schneider v. Schneider, 127 A.D.2d 491, affd sub nom. Paul B. S. v. Pamela J. S., 70 N.Y.2d 739). In addition, the court's assumption of jurisdiction is supported by the child's substantial connections with this jurisdiction and by the circumstance that many of the witnesses who will testify respecting custody and visitation are located here ( see, Domestic Relations Law § 75-d [bl [ii]; see also, Domestic Relations Law § 75-h).
Concur — Ellerin, J. P., Wallach, Tom and Mazzarelli, JJ.