Matter of Santiago v Riley

Matter of Matter of Santiago v Riley 2012 NY Slip Op 07680 Decided on November 14, 2012 Appellate Division, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on November 14, 2012
SUPREME COURT OF THE STATE OF NEW YORKAPPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
DANIEL D. ANGIOLILLO, J.P.
LEONARD B. AUSTIN
SANDRA L. SGROI
ROBERT J. MILLER, JJ.
2011-02711
(Docket No. O-7766-09)

[*1]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.
David H. Ledgin, Mineola, N.Y., attorney for the children.


DECISION & ORDER

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 (see Domestic Relations Law § 75-a[7]; Matter of Navarrete v Wyatt, 52 AD3d 836), and the exercise of temporary emergency jurisdiction in New York is not warranted (see Domestic Relations Law § 76-c[1]; Matter of Scott v Jackson, 38 AD3d 788).

The mother's remaining contentions are without merit.
ANGIOLILLO, J.P., AUSTIN, SGROI and MILLER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court