MICHELLE v. SAMUEL JR (2006)

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

Matter of MICHELLE A.S., Petitioner-Appellant, v. SAMUEL G.F., JR., Respondent-Respondent.

Decided: March 17, 2006

PRESENT: GORSKI, J.P., MARTOCHE, SMITH, GREEN, AND PINE, JJ.

Peter O. Einset, Geneva, for Petitioner-Appellant. Samuel G.F., Jr., Respondent-Respondent Pro Se. Nancy M. Lord, Law Guardian, Lyons, for Deane F.

We reject petitioner's contention that Seneca County Family Court lacked subject matter jurisdiction over this proceeding seeking enforcement of a prior order of Cortland County Family Court determining the issues of custody and visitation with respect to the parties' child (see Family Ct. Act § 651[b] ). Petitioner resided with the parties' child in Seneca County at the time she commenced this proceeding, and thus the proceeding was properly commenced in Seneca County (see § 171; Matter of Feeney v. Graef, 233 A.D.2d 941, 942, 649 N.Y.S.2d 577). In any event, by choosing the venue petitioner waived any objection to it (see generally Matter of Grune v. Grenis, 171 A.D.2d 1070, 569 N.Y.S.2d 247). Finally, we reject the further contention of petitioner that the court erred in directing her to provide her residential telephone number to respondent.

It is hereby ORDERED that the order so appealed from be and the same hereby is unanimously affirmed without costs.

MEMORANDUM:

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