IN THE MATTER OF GREGORY J. MOTT, &C., APPELLANT, v. PATRICIA ANN R., &C., ET
AL., RESPONDENTS.
91 N.Y.2d 856, 691 N.E.2d 623, 668 N.Y.S.2d 551 (1997).
December 22, 1997
4 No. 218
(97 NY Int. 0235)
Decided December 22, 1997
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This opinion is uncorrected and subject to revision before publication
in the New York Reports.
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Lewis J. Gould, for appellant.
David C. Boysen, for respondent mother.
MEMORANDUM:
The order of the Appellate Division should be affirmed, without costs.
As New York's court of general original jurisdiction ( see, NY Const
art VI, § 6; Judiciary Law § 140 b), and under the "home state"
provisions of the Uniform ChildCustody Jurisdiction Act (Domestic
Relations Law §§ 75 a et seq.), Supreme Court ordinarily would have
subject matter jurisdiction over this Florida custody decree
modification proceeding, as the children have been domiciled in New
York for over eight years.
In the instant case, however, the Appellate Division correctly
determined that the Federal Parental Kidnapping Prevention Act (PKPA)
(28 USC § 1738A) preempts the UCCJA, and its continuing
jurisdiction provisions require Supreme Court to defer jurisdiction
over this custody modification proceeding to the Florida courts, which
have declined to relinquish jurisdiction ( see, 28 USC
1738A(c)(1), (d), (f); cf., Matter of Sayeh and Arash R., __ NY2d __
(decided today)).
Since Supreme Court did not have subject matter jurisdiction,
accordingly we need not reach any of the other issues raised by the
parties below.
* * * * * * * * * * * * * * * * * Order affirmed, without costs, in a
memorandum. Chief Judge Kaye and Judges Titone, Bellacosa, Smith,
SNIPPETS:
AL., RESPONDENTS.
This opinion is uncorrected and subject to revision before publication in the New York
Lewis J. Gould, for appellant.
The order of the Appellate Division should be affirmed, without costs.
As New York's court of general original jurisdiction (see, NY Const art VI, § 6; Judiciary
In the instant case, however, the Appellate Division correctly determined that the Federal
Since Supreme Court did not have subject matter jurisdiction, accordingly we need not reach
* * * * * * * * * * * * * * * * * Order affirmed, without costs, in a memorandum.
Chief Judge Kaye and Judges Titone, Bellacosa, Smith, Levine, Ciparick and Wesley concur.
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