Matter of Barta v Barta

Matter of Barta v Barta 2010 NY Slip Op 01957 [71 AD3d 764] March 9, 2010 Appellate Division, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, April 28, 2010

In the Matter of Jennifer A. Barta, Appellant,
v
Leo A. Barta et al., Respondents. In the Matter of Jennifer A. Barta, Appellant, v Tara B. Barta, Respondent.

—[*1] Yisroel Schulman, New York, N.Y. (Christina Brandt-Young of counsel), for appellant.

In two related family offense proceedings pursuant to Family Court Act article 8, the petitioner appeals from two orders (one in each proceeding) of the Family Court, Queens County, (O'Connor, J.), both dated May 11, 2009, which dismissed the respective petitions on the ground of lack of jurisdiction.

Ordered that the orders are reversed, on the law, without costs or disbursements, and the petitions are reinstated.

The Family Court erred in dismissing the petitions upon the ground that it lacked jurisdiction. Pursuant to Family Court Act § 818 a petitioner may commence a family offense proceeding either in the county where the "acts or acts referred to in the petition allegedly occurred" or in which "any party resides." Residence for purposes of the statute includes a "shelter" (Family Ct Act § 818). Since the petitioner resided in a shelter located in Queens County when she commenced the proceedings, the Family Court, Queens County, had jurisdiction even though the acts allegedly occurred in Bronx County (see Matter of Lewis v Robinson, 41 AD3d 996 [2007]). Skelos, J.P., Florio, Hall and Austin, JJ., concur.