Opinion
2011-11-22
In the Matter of Nathaniel BOYD, appellant, v. Nicole CREPEAU, respondent.
Peter C. Lomtevas, P.C., Ozone Park, N.Y., for appellant. Rosemary Rivieccio, New York, N.Y., for respondent.
Peter C. Lomtevas, P.C., Ozone Park, N.Y., for appellant. Rosemary Rivieccio, New York, N.Y., for respondent.
In a child custody proceeding pursuant to Family Court Act article 6, the father appeals from an order of the Family Court, Kings County (O'Shea, J.), dated October 22, 2010, which, in effect, granted the mother's motion to dismiss the petition on the ground that New York is an inconvenient forum.
ORDERED that the order is affirmed, without costs or disbursements.
Contrary to the father's contention, the Family Court providently exercised its discretion by, in effect, granting the mother's motion to dismiss the petition on the ground that New York is an inconvenient forum. After reviewing the appropriate factors, the Family Court providently concluded that California is the more appropriate and convenient forum ( see Domestic Relations Law § 76–f; Matter of Toale v. Caravella, 86 A.D.3d 576, 926 N.Y.S.2d 832; Uvaydov v. Wexley, 63 A.D.3d 827, 880 N.Y.S.2d 519; Matter of Erlec v. Johnson, 58 A.D.3d 730, 870 N.Y.S.2d 795; Matter of Hall v. Hall, 44 A.D.3d 771, 842 N.Y.S.2d 734; Clark v. Clark, 21 A.D.3d 1326, 801 N.Y.S.2d 863; compare Matter of Ferris v. Quinones, 44 A.D.3d 854, 843 N.Y.S.2d 676).
The father's remaining contentions are without merit.