Leo v. Heard

Order, Supreme Court, New York County (Phyllis Gangel-Jacob, J.), entered on or about June 4, 1997, which, inter alia, denied defendant’s motion to dismiss for lack of subject matter jurisdiction, unanimously affirmed, with costs.

We agree with the IAS Court that pursuant to the Uniform Child Custody Jurisdiction Act (Domestic Relations Law § 75-a et seq.), it possessed subject matter jurisdiction to adjudicate custody of the parties’ son since New York State was indisputably the “home state” of the child (see, Domestic Relations Law § 75-c [5]) “at the time of the commencement of the custody…