Grahm v. Grahm

Order, Supreme Court, New York County (Laura VisitacionLewis, J.), entered May 24, 2004, which, insofar as appealed from as limited by the briefs, “dismissed,” for lack of subject matter jurisdiction, plaintiffs motion to modify the custody provisions of a divorce judgment issued by a California court, unanimously affirmed, with costs.

*325The motion (the initiatory order to show cause is supported only by plaintiffs affidavit and her attorney’s affirmation; there is no complaint) was properly dismissed for lack of subject matter jurisdiction because defendant continues to reside in California and…