Pamela N. v. Neil N.

— Appeal from an order of the Family Court of Saratoga County (Jensen, J.), entered January 30, 2012, which dismissed petitioner’s application, in a proceeding pursuant to Family Ct Act article 6, to modify a prior order of custody.

Petitioner commenced this proceeding seeking modification of a 2010 custody order that granted respondent sole custody of the parties’ two children (born in 2005). Family Court dismissed the petition upon learning that a divorce action was pending in Supreme Court, which had been commenced prior to the instant proceeding, and issues of custody had been raised…