D'Addio v. Marx

—In a proceeding pursuant to Domestic Relations Law article 5-A to modify an out-of-state *219custody decree, the petitioner appeals from an order of the Family Court, Suffolk County (Kent, J.), entered December 3, 1999, which, upon refusing to exercise emergency jurisdiction, dismissed the petition.

Ordered that the order is affirmed, with costs.

Pursuant to Domestic Relations Law § 75-d (1) (c) (ii), a New York court possesses jurisdiction to render a custody determination when, inter alia, the child is physically present in this state and it is necessary in an emergency to protect the child…