MATTER OF BARTA v. BARTA

2009-05471, 2009-05686

71 A.D.3d 764 (2010)

895 N.Y.S.2d 716

In the Matter of JENNIFER A. BARTA, Appellant, v. LEO A. BARTA et al., Respondents. In the Matter of JENNIFER A. BARTA, Appellant, v. TARA B. BARTA, Respondent.

Appellate Division of the Supreme Court of New York, Second Department.

Decided March 9, 2010.


Ordered that the orders are reversed, on the law, without costs or disbursements, and the petitions are reinstated.

The Family Court erred in dismissing the petitions upon the ground that it lacked jurisdiction. Pursuant to Family Court Act § 818 a petitioner may commence a family offense proceeding either in the county where the "acts or acts referred to in the petition allegedly occurred" or in which "any party resides." Residence for purposes of the statute...

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