Clark v. Boreanaz

Order unanimously reversed on the law with costs, petition reinstated and matter remitted to Supreme Court, Erie County, for further proceedings, in accordance with the following memorandum: Petitioner contends that Supreme Court erred in concluding that New York was preempted from exercising jurisdiction in this custody proceeding by the Parental Kidnaping Prevention Act of 1980 (PKPA; 28 USC § 1738A). We agree. Although New York is not the child’s home State, it is not preempted by PKPA from modifying its prior custody determination because one of the contestants resides in New York and New…