From Casetext: Smarter Legal Research

Scala v. Tefft

Appellate Division of the Supreme Court of New York, Third Department
Nov 29, 2007
45 A.D.3d 1213 (N.Y. App. Div. 2007)

Opinion

No. 501698.

November 29, 2007.

Appeal from an order of the Family Court of Chenango County (Sullivan, J.), entered October 12, 2006, which, among other things, dismissed petitioner's application, in a proceeding pursuant to Family Ct Act article 6, for visitation with her children.

Samuel D. Castellino, Elmira, for appellant.

Richard F. Marris, Law Guardian, Syracuse.

Before: Mercure, Crew III, Mugglin and Rose, JJ., concur.


Petitioner and respondent Michael Tefft Sr. are the parents of three minor children. They share joint custody of the children with respondent Stephanie A. Justice, the children's paternal grandmother, who resides in North Carolina and has primary physical placement of the children. Upon petitioner's application for additional visitation with the children, Family Court, among other things, transferred jurisdiction over all future matters to North Carolina. We agree with petitioner that, to this extent, the order should be reversed for the same reasons stated in Matter of Scala v Tefft ( 42 AD3d 689), and the matter remitted for further proceedings to be conducted in compliance with Domestic Relations Law § 76-f (2) (a)-(h).

To the extent that petitioner's remaining contentions are properly raised on this appeal, our disposition renders them academic.

Ordered that the order is modified, on the law, without costs, by reversing so much thereof as directed that jurisdiction for all future matters be in North Carolina; matter remitted to the Family Court of Chenango County for further proceedings not inconsistent with this Court's decision; and, as so modified, affirmed.


Summaries of

Scala v. Tefft

Appellate Division of the Supreme Court of New York, Third Department
Nov 29, 2007
45 A.D.3d 1213 (N.Y. App. Div. 2007)
Case details for

Scala v. Tefft

Case Details

Full title:In the Matter of ANNEMARIE SCALA, Appellant, v. MICHAEL TEFFT SR. et al…

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

Date published: Nov 29, 2007

Citations

45 A.D.3d 1213 (N.Y. App. Div. 2007)
2007 N.Y. Slip Op. 9464
845 N.Y.S.2d 763