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MATTER OF NEMES v. TUTINO

1372.1 CAF 18-01161.

173 A.D.3d 16 (2019)

101 N.Y.S.3d 538

2019 NY Slip Op 03236

In the Matter of JACLYN H. NEMES, Respondent, v. MARK C. TUTINO, II, Appellant. In the Matter of MARK C. TUTINO, II, Appellant, v. JACLYN H. NEMES, Respondent.

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

Decided April 26, 2019.

Attorney(s) appearing for the Case

Betzjitomir Law Office, Bath ( Susan Betzjitomir of counsel), for respondent-appellant and petitioner-appellant.

Chaffee & Linder, PLLC, Bath ( Ruth A. Chaffee of counsel), for petitioner-respondent and respondent-respondent.

Lorenzo Napolitano , Rochester, Attorney for the Child.

PERADOTTO, J.P., LINDLEY, DEJOSEPH and CURRAN, JJ. concur.

OPINION OF THE COURT

Absent an emergency, the New York courts may exercise subject matter jurisdiction in child custody cases only as permitted by Domestic Relations Law § 76 (1). Because Family Court had no such jurisdiction in this case, we reverse.

Facts

The parties are the biological parents of a...

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