Matter of Brett R. v Marla E.-R.

Matter of Brett R. v Marla E.-R. 2010 NY Slip Op 09079 [79 AD3d 506] December 9, 2010 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, February 16, 2011

In the Matter of Brett R., Appellant, v Marla E.-R., Respondent.

—[*1] Steven N. Feinman, White Plains, for appellant.

Beldock Levine & Hoffman LLP, New York (Jonathan K. Pollack of counsel), for respondent.

Order, Family Court, New York County (Gloria Sosa-Lintner, J.), entered on or about November 18, 2009, which dismissed this proceeding for custody of petitioner's daughter, unanimously affirmed, without costs.

There is no evidence in this record that respondent wrongfully removed the subject child from New York State. Since the child resided outside the state for more than six months prior to the commencement of this proceeding, petitioner has failed to establish that New York is the child's home state (see Domestic Relations Law § 75-a [7]), thus depriving the Family Court of jurisdiction to hear this matter (§ 76 [1] [a]). Concur—Andrias, J.P., Catterson, Moskowitz, Manzanet-Daniels and RomÁn, JJ.