ELLISON v. ELLISON (1997)

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

Matter of Robert ELLISON, Appellant, v. Monica ELLISON, Respondent.

Decided: May 30, 1997

Before DENMAN, P.J., and GREEN, BALIO, BOEHM and FALLON, JJ.

Norman J. Chirco, Auburn, for Appellant. Bentofsky, Simmonds and Spano by Nancy Simmonds, Auburn, for Respondent.

Family Court properly dismissed the custody petition for lack of subject matter jurisdiction. Pursuant to Domestic Relations Law § 75-d (1)(a), part of the Uniform Child Custody Jurisdiction Act, Nevada is the children's “home state” and thus has jurisdiction to determine the issue of custody. Contrary to petitioner's assertion, it was unnecessary for the court to conduct a hearing to determine the issue of jurisdiction where petitioner had expressly conceded, in conversations with the court, that the children had left New York for Nevada more than six months prior to commencement of the proceeding.

Order unanimously affirmed without costs.

MEMORANDUM:

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