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Uvaydov v. Wexley

Appellate Division of the Supreme Court of New York, Second Department
Jun 9, 2009
63 A.D.3d 827 (N.Y. App. Div. 2009)

Opinion

No. 2008-08326.

June 9, 2009.

In a matrimonial action in which the parties were divorced by judgment dated September 13, 2001, as modified by an order of the same court dated March 4, 2003, the plaintiff appeals, as limited by his brief, from stated portions of an order of the Supreme Court, Queens County (Lebowitz, J.), entered August 1, 2008, which, inter alia, upon the defendant's cross motion, declined to exercise jurisdiction over that branch of the plaintiffs motion which was to modify a prior custody order on the ground that New York is an inconvenient forum and that California is a more appropriate forum.

Blank Rome, LLP, New York, N.Y. (Caroline Krauss-Browne and Brett S. Ward of counsel), for respondent.

Prudenti, P.J., Miller, Eng and Belen, JJ., concur.


Ordered that the order is affirmed insofar as appealed from, with costs.

The Supreme Court providently exercised its discretion, upon the defendant's cross motion and upon reviewing the appropriate factors, in declining to exercise jurisdiction over that branch of the plaintiffs motion which was to modify a prior custody order on the ground that New York is an inconvenient forum and that California is a more appropriate forum (see Domestic Relations Law § 76-f; Matter of Erlec v Johnson, 58 AD3d 730; Matter of Hall v Hall, 44 AD3d 771; Clark v Clark, 21 AD3d 1326).

The plaintiffs remaining contentions are without merit.


Summaries of

Uvaydov v. Wexley

Appellate Division of the Supreme Court of New York, Second Department
Jun 9, 2009
63 A.D.3d 827 (N.Y. App. Div. 2009)
Case details for

Uvaydov v. Wexley

Case Details

Full title:JOSIF UVAYDOV, Appellant, v. VICTORIA WEXLEY, Respondent

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Jun 9, 2009

Citations

63 A.D.3d 827 (N.Y. App. Div. 2009)
2009 N.Y. Slip Op. 4893
880 N.Y.S.2d 519

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