LAWRENCE v. LAWRENCE (1999)

Supreme Court, Appellate Division, Fourth Department, New York.

Bart D. LAWRENCE, Appellant, v. Kathleen C. LAWRENCE, Respondent.

Decided: February 10, 1999

PRESENT: GREEN, J.P., PINE, WISNER, PIGOTT, Jr., and CALLAHAN, JJ.

Moriarty & Dee by Robert Moriarty, Buffalo, for Plaintiff-Appellant. Falk & Falk, Niagara Falls, for Defendant-Respondent. Steven Wiseman, Buffalo, for Law Guardian.

Although Supreme Court had jurisdiction over this custody dispute (see, Domestic Relations Law § 75-d), the court properly declined to exercise its jurisdiction on the ground that New York is an inconvenient forum (see, Domestic Relations Law § 75-h; Kosmicki v. Salzer, 252 A.D.2d 974, 676 N.Y.S.2d 374). The record establishes that defendant mother and the child presently reside in the State of Washington, where the child was born and where the families of both parties reside. Plaintiff, a member of the United States Coast Guard, no longer resides in the State of New York. All evidence concerning “the child's present or future care, protection, training, and personal relationships is more readily available” (Domestic Relations Law § 75-h[3][c] ) in the State of Washington, the state with which the child and his family have the closest connection (see, Domestic Relations Law § 75-b[1] [c]; Kosmicki v. Salzer, supra).

Order unanimously affirmed with costs.

MEMORANDUM:

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