Sciartelli v. Sciartelli

— Mahoney, P. J.

The parties were married on September 30, 1972, and had two children, a boy now 15 years old and a girl now 13 years old. The parties separated on March 20, 1980, pursuant to a separation agreement which provided for joint custody with primary physical custody to respondent. Petitioner then moved to Nevada where the children visited him most summers. In August 1985 petitioner applied to a Nevada court for custody of the children. The Nevada court determined that jurisdiction was with the courts of New York and dismissed the petition. Petitioner then commenced this proceeding…