Welch v. Lapp

— Order unanimously reversed on the law without costs and petition dismissed. Memorandum: Family Court erred in deciding the issue of the temporary custody of Jeremy and Jillene Lapp. Robin Lapp, the children’s mother, was awarded custody of the children in a divorce decree which also provided that all future matters relative to custody must be referred to Supreme Court. Thus, Family Court had no subject matter jurisdiction to determine custody (Family Ct Act § 115 [b]; § 447 [a]; § 467 [b]; Harrington v Harrington, 60 AD2d 982, 983). Family Court also erred in awarding Edward Welch, Jr.,…