April 19, 1988
Appeal from the Supreme Court, New York County (Edith Miller, J.).
It was not within the court's power to sua sponte deny the petition and dismiss the proceeding on the ground of forum non conveniens. The doctrine of forum non conveniens may only be employed by a court on the motion of a party. (VSL Corp. v. Dunes Hotels Casinos, 70 N.Y.2d 948.)
Concur — Murphy, P.J., Kupferman, Sullivan, Carro and Milonas, JJ.
Full title:In the Matter of HANNA M.E. BERNZ. ASTRID N. WIDSCHI, Appellant
Court:Appellate Division of the Supreme Court of New York, First Department
Date published: Apr 19, 1988
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