Opinion
01-02-2015
In the Matter of Dana P. BROWN, Petitioner–Appellant, v. Vicki L. HEUBUSCH, Respondent–Respondent.
Wyoming County–Attica Legal Aid Bureau, Warsaw (Adam W. Koch of Counsel), for Petitioner–Appellant. William D. Broderick, Jr., Attorney for the Children, Elma.
Wyoming County–Attica Legal Aid Bureau, Warsaw (Adam W. Koch of Counsel), for Petitioner–Appellant.
William D. Broderick, Jr., Attorney for the Children, Elma.
PRESENT: SCUDDER, P.J., CENTRA, CARNI, and SCONIERS, JJ.
MEMORANDUM: In this proceeding pursuant to article 8 of the Family Court Act, petitioner father appeals from an order that dismissed his petition for lack of jurisdiction. We affirm. The father concedes that respondent mother moved with the children to Florida more than six months before the filing of the petition, and there is no evidence that they ever returned to New York. The record establishes that the children no longer "have a significant connection" with New York and that "substantial evidence is no longer available in this [S]tate concerning the child[ren]'s care, protection, training, and personal relationships" ( Domestic Relations Law § 76–a [1 ][a] ), and the father failed to submit any evidence to the contrary. We therefore conclude that Family Court properly dismissed the petition for lack of jurisdiction (see Matter of Maida v. Capraro, 86 A.D.3d 924, 924, 926 N.Y.S.2d 790 ; Matter of Zippo v. Zippo, 41 A.D.3d 915, 916, 837 N.Y.S.2d 771 ).
We have considered the father's remaining contention and conclude that it is without merit.
It is hereby ORDERED that the order so appealed from is unanimously affirmed without costs.