People ex rel. Descollonges v. Descollonges

Respondent moves to dismiss this custody; proceeding on the ground that the infant involved is not in the State of New York. The decision in People ex rel. Gaines v. Luria (292 N. Y. 623) was based “ on the ground that the infant is outside the State of New York, living with her father ” who was also a nonresident of the State. In the subsequent case of People ex rel. Kenny v. Kenny (277 App. Div. 578, 579) the court held that there was no power in the courts of this State to take the custody of the boy, not present in this State, from his mother with whom the boy resided, both being…