Legal Opinion
Dawber v. Kelly
Appellate Division of the Supreme Court of the State of New York
Decided October 22, 2001PublishedCited by 8 opinions
1Opinion of the Court
—In an interstate custody proceeding pursuant to Domestic Relations Law article 5-A, the petitioner appeals from an order of the Supreme Court, Queens County (Flug, J.), dated July 25, 2000, which, sua sponte, dismissed the proceeding on the ground of forum non conveniens.
Ordered that on the Court’s own motion, the notice of appeal is treated as an application for leave to appeal, and leave to appeal is granted (see, CPLR 5701 [c]); and it is further,
Ordered that the order is reversed, on the law, without costs or disbursements, the petition is reinstated, and the matter is remitted to the…
2Cases cited4 opinions
- DeGrizje v. DelviccarioAppellate Division of the Supreme Court of the State of New York · 2001
- Smith v. SmithAppellate Division of the Supreme Court of the State of New York · 1996
- Ellor v. EllorAppellate Division of the Supreme Court of the State of New York · 1998
- Javier v. JavierAppellate Division of the Supreme Court of the State of New York · 1999
3Cited by8 opinions
- Rey v. SpinettaAppellate Division of the Supreme Court of the State of New York · 2004
- DeJac v. DeJacAppellate Division of the Supreme Court of the State of New York · 2005
- Scala v. TefftAppellate Division of the Supreme Court of the State of New York · 2007
- Jenkins v. JenkinsAppellate Division of the Supreme Court of the State of New York · 2004
- Cao v. ZhaoAppellate Division of the Supreme Court of the State of New York · 2003
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