Kosmicki v. Salzer

—Order unanimously reversed on the law without costs, cross motion granted in part and petition dismissed. Memorandum: Supreme Court erred in denying that part of defendant’s cross motion to dismiss this action seeking to modify a prior custody order of a Florida Circuit Court. The court lacked jurisdiction to modify the prior order because New York is not the home State of the child {see, Domestic Relations Law § 75-d [1] [a]), the child does not have a significant connection with New York {see, Domestic Relations Law § 75-d [1] [b]), nor is the child present in New York {see, Domestic…