Matter of Boyd v Crepeau

Matter of Matter of Boyd v Crepeau 2011 NY Slip Op 08589 Decided on November 22, 2011 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 22, 2011
SUPREME COURT OF THE STATE OF NEW YORKAPPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
WILLIAM F. MASTRO, J.P.
CHERYL E. CHAMBERS
SANDRA L. SGROI
ROBERT J. MILLER, JJ.
2010-11392
(Docket No. V-38896-09)

[*1]In the Matter of Nathaniel Boyd, appellant,

v

Nicole Crepeau, respondent. Peter C. Lomtevas, P.C., Ozone Park, N.Y., for appellant. Rosemary Rivieccio, New York, N.Y., for respondent.




DECISION & ORDER

In a child custody proceeding pursuant to Family Court Act article 6, the father appeals from an order of the Family Court, Kings County (O'Shea, J.), dated October 22, 2010, which, in effect, granted the mother's motion to dismiss the petition on the ground that New York is an inconvenient forum.

ORDERED that the order is affirmed, without costs or disbursements.

Contrary to the father's contention, the Family Court providently exercised its discretion by, in effect, granting the mother's motion to dismiss the petition on the ground that New York is an inconvenient forum. After reviewing the appropriate factors, the Family Court providently concluded that California is the more appropriate and convenient forum (see Domestic Relations Law § 76-f; Matter of Toale v Caravella, 86 AD3d 576; Uvaydov v Wexley, 63 AD3d 827; Matter of Erlec v Johnson, 58 AD3d 730; Matter of Hall v Hall, 44 AD3d 771; Clark v Clark, 21 AD3d 1326; compare Matter of Ferris v Quinones, 44 AD3d 854).

The father's remaining contentions are without merit.
MASTRO, J.P., CHAMBERS, SGROI and MILLER, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court