DelGallo v. DelGallo

Appeal from an order of the Family Court, Monroe County (Gail A. Donofrio, J.), entered April 16, 2007. The order, inter alia, dismissed the petition to modify a prior custody order for lack of jurisdiction pursuant to Domestic Relations Law § 76-a.

It is hereby ordered that the order so appealed from is unanimously affirmed without costs.

Memorandum: Petitioner father commenced this proceeding seeking to modify a prior custody order that was entered at a time when he resided in Massachusetts and respondent mother and the parties’ child resided in New York. For 13 months prior to the filing of…