Legal Opinion

Robert R. v. Bonnie C.

Appellate Division of the Supreme Court of the State of New York

Decided June 10, 1998Published

1Opinion of the Court

—Order unanimously affirmed without costs. Memorandum: Family Court properly dismissed the custody petition for lack of subject matter jurisdiction (see, Domestic Relations Law § 75-d [1]). Petitioner’s allegations are insufficient to invoke jurisdiction on the ground that “it is necessary in an emergency to protect the child [ren]” (Domestic Relations Law § 75-d [1] [c] [ii]; cf., Matter of Maureen S. v Margaret S., 184 AD2d 159, 165). Because we conclude that the court lacked subject matter jurisdiction, it is unnecessary to address the other issues raised by petitioner. Petitioner’s remedy…

2Cases cited1 opinion

  1. Maureen S. v. Margaret S.Appellate Division of the Supreme Court of the State of New York · 1992

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