Louise G. v. Peter C.

OPINION OF THE COURT

Martha Gibbell, J.

This petition for visitation was filed by the maternal grandmother against the child’s father. The child’s mother is deceased.

A temporary order of visitation was entered by a Judge of this court and is being appealed by respondent.

The only issue in the motion before this court is whether the Family Court has jurisdiction to continue this case since the child is presently residing in New Jersey.

*339Respondent in his memorandum of law cites the treatise, New York Civil Practice, which states that: "The courts have long considered the child’s physical presence…