Opinion
2012-01-17
In the Matter of Ricardo RAMIREZ, appellant, v. Aneta SYGUTOWSKA, respondent.
Mark Brandys, New York, N.Y., for appellant. Agnieszka M. Dobrzanski, Brooklyn, N.Y., for respondent.
Mark Brandys, New York, N.Y., for appellant. Agnieszka M. Dobrzanski, Brooklyn, N.Y., for respondent.
Karen P. Simmons, Brooklyn, N.Y. (Janet Neustaetter and Barbara H. Dildine of counsel), attorney for the child.
In a proceeding commenced by the father, the father appeals from an order of the Family Court, Kings County (Gruebel, J.), dated April 27, 2011, which granted the mother's motion to dismiss his petition on the ground that the court lacked jurisdiction.
ORDERED that the order is affirmed, without costs or disbursements.
The Family Court correctly determined that it lacked exclusive, continuing jurisdiction pursuant to Domestic Relations Law § 76–a(1), even though the father lived in New York, because the parties' child had not maintained a significant connection with New York, and substantial evidence was no longer available in New York concerning the child's “care, protection, training, and personal relationships” (Domestic Relations Law § 76–a[1][a]; see Matter of Gulyamova v. Abdullaev, 53 A.D.3d 489, 859 N.Y.S.2d 573; Matter of Felicia McM. v. Jerrold L.W., 51 A.D.3d 501, 859 N.Y.S.2d 7; Matter of King v. King, 15 A.D.3d 999, 790 N.Y.S.2d 339; cf. Vernon v. Vernon, 100 N.Y.2d 960, 972, 768 N.Y.S.2d 719, 800 N.E.2d 1085). Accordingly, the Family Court correctly granted the mother's motion to dismiss the petition for lack of jurisdiction.