MATTER OF ALAVA v. CACERES

Index Nos. F-09556-18, F-09556-18A. Appeal No. 14069. Case No. 2019-03539.

195 A.D.3d 511 (2021)

145 N.Y.S.3d 789

2021 NY Slip Op 03903

In the Matter of Nicholas Avelino Enright Alava, Appellant, v. Kuska L. Caceres, Respondent.

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

Decided June 17, 2021.


Attorney(s) appearing for the Case

Law Office of Roland R. Acevedo, New York ( Roland R. Acevedo of counsel), for appellant.

James E. Johnson , Corporation Counsel, New York ( Tahirih M. Sadrieh of counsel), for respondent.

Concur—Acosta, P.J., Webber, Mazzarelli, Kennedy, JJ.


Initially, we note that the foreign tribunal, Switzerland, is a foreign reciprocating country under the Uniform Interstate Family Support Act (UIFSA), codified by Family Court Act article 5-b, and thus should be analyzed as such under the statute.

The father failed to meet his burden in proving that the Swiss court failed to establish personal jurisdiction over him, a defense under Family Court Act § 580-607(a). He admitted that he was advised by the Swiss court...

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