Opinion
2012-11-14
In the Matter of Christina E. SANTIAGO, appellant, v. Douglas J. RILEY, respondent.
Lisa Siano, Bellmore, N.Y., for appellant. Gail Jacobs, Great Neck, N.Y., for respondent.
Lisa Siano, Bellmore, N.Y., for appellant. Gail Jacobs, Great Neck, N.Y., for respondent.
David H. Ledgin, Mineola, N.Y., attorney for the children.
In a family offense proceeding pursuant to Family Court Act article 8, the mother appeals from an order of the Family Court, Nassau County (Stack, J.H.O.), dated February 4, 2011, which dismissed the proceeding.
ORDERED that the order is affirmed, without costs or disbursements.
The Family Court properly dismissed this proceeding, since a custody proceeding between these parties is pending in Delaware ( seeDomestic Relations Law § 75–a[7]; Matter of Navarrete v. Wyatt, 52 A.D.3d 836, 861 N.Y.S.2d 393), and the exercise of temporary emergency jurisdiction in New York is not warranted ( seeDomestic Relations Law § 76–c[1]; Matter of Scott v. Jackson, 38 A.D.3d 788, 832 N.Y.S.2d 611).
The mother's remaining contentions are without merit.