MATTER OF ANTHONY J. v. BAYYINAH G.

10137.

176 A.D.3d 544 (2019)

108 N.Y.S.3d 853

2019 NY Slip Op 07525

In the Matter of Anthony J., Appellant, v. Bayyinah G., Respondent.

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

Decided October 22, 2019.


Attorney(s) appearing for the Case

Law Office of Thomas R. Villecco, P.C., Jericho ( Thomas R. Villecco of counsel), for appellant.

Kenneth M. Tucillo , Hastings on Hudson, attorney for the child.

Concur— Acosta, P.J., Richter, Mazzarelli, Webber, Kern, JJ.


Family Court properly dismissed the petition upon finding that it did not possess exclusive continuing jurisdiction pursuant to Domestic Relations Law § 76-a. It was clear from the record that petitioner did not reside in New York, that the child did not reside in New York and had not for at least a year and a half, that the child had been in the care and custody of a person acting as his parent (his grandmother) in Minnesota before the court's ruling, and that neither...

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