Greenidge v. Greenidge, 16 A.D.3d 583 (N.Y. App. Div. 2005). · Go Syfert
Greenidge v. Greenidge, 16 A.D.3d 583 (N.Y. App. Div. 2005). Cases Citing This Book View Copy Cite
25 citation events (25 in the last 25 years) across 2 distinct courts.
Strongest positive: Matter of LaCour v. Puglisi (nyappdiv, 2017-02-08)
Treatment trajectory · 2005 → 2026 · click a year to view as-of
2005 2015 2026
Top citers, strongest first. 5 distinct citers. How cited ↗
discussed Cited as authority (rule) Matter of LaCour v. Puglisi
N.Y. App. Div. · 2017 · confidence medium
Accordingly, the Family Court erred in' summarily dismissing the father’s petition on the ground that the mother had commenced a proceeding in Kentucky, without considering whether it had exclusive, continuing jurisdiction pursuant to Domestic Relations Law § 76-a (1) (see Matter of Nelson v McGriff, 130 AD3d at 737 ; Matter of Elbakri v Farag, 71 AD3d 767, 767-768 [2010]; Matter of Greenidge v Greenidge, 16 AD3d 583, 584 [2005]), and affording the father an opportunity to present evidence as to that issue (see Domestic Relations Law § 76-a; Matter of Miller v Shaw, 123 AD3d at 1132 ; Matt…
discussed Cited as authority (rule) Wilson v. Linn
N.Y. App. Div. · 2010 · confidence medium
Moreover, although the parties dispute whether the court lacked jurisdiction pursuant to Domestic Relations Law § 76-a, there is no indication in the record that the court based its decision on that ground (see generally Matter of Recard v Polite, 21 AD3d 379 [2005]; Matter of Greenidge v Greenidge, 16 AD3d 583, 584 [2005]).
discussed Cited as authority (rule) Norton v. Szewczyk
N.Y. App. Div. · 2009 · confidence medium
Since the initial child custody and visitation order was made by- a New York court, the court should not have, in effect, dismissed the petitions without first determining whether it had exclusive, continuing jurisdiction over the visitation issue pursuant to Domestic Relations Law § 76-a (1) (see Matter of Recard v Polite, 21 AD3d 379 [2005]; Matter of Greenidge v Greenidge, 16 AD3d 583, 584 [2005]).
discussed Cited as authority (rule) Gulyamova v. Abdullaev
N.Y. App. Div. · 2008 · confidence medium
The Family Court correctly determined that it lacked exclusive, continuing jurisdiction over the parties, even though the mother lived in New York, because the subject child had not maintained a significant connection with New York, and substantial evidence was no longer available in New York concerning the child’s “care, protection, training, and personal relationships” (Domestic Relations Law § 76-a [1] [a]; see Matter of Felicia McM. v Jerrold L.W., 51 AD3d 501 [2008]; Matter of Zippo v Zippo, 41 AD3d 915 [2007]; Matter of Persaud v Persaud, 293 AD2d 480, 481 [2002]; cf. Vernon v Ver…
discussed Cited as authority (rule) Ferris v. Quinones
N.Y. App. Div. · 2007 · confidence medium
However, pursuant to Domestic Relations Law § 76-f, a court of this state which has jurisdiction may decline to exercise it, if it finds that New York is an inconvenient forum and that a court of another state is a more appropriate forum (see Domestic Relations Law § 76-f [1]; Matter of Greenidge v Greenidge, 16 AD3d 583, 584 [2005]; Matter of Rey v Spinetta, 8 AD3d 393, 394 [2004]).
Retrieving the full opinion text from the archive…
In the Matter of Joseph Greenidge
v.
Janice Greenidge
Appellate Division of the Supreme Court of the State of New York.
Mar 21, 2005.
16 A.D.3d 583
Cited by 16 opinions  |  Published

In a visitation proceeding pursuant to Family Court Act article 6, the father appeals from an order of the Family Court, Kings County (Gonzalez-Roman, R.), dated June 23, 2004, which dismissed the petition for visitation on the ground of lack of jurisdiction.

Ordered that the order is reversed, on the law, without costs or disbursements, the petition is reinstated, and the matter is remitted to the Family Court, Kings County, for further proceedings consistent herewith.

[*584] According to the father’s petition and hearing testimony, the parties were divorced in November 1999 by a judgment of a New York court. The matrimonial court, inter alia, awarded custody of the parties’ children to the mother. The mother relocated with the children to the State of Pennsylvania, where they have lived since 2000. On or about May 12, 2004, the father filed the instant petition with the Family Court for visitation.

The Family Court did not have “jurisdiction to make an initial child custody determination” pursuant to Domestic Relations Law § 76, because the children and their mother had lived in Pennsylvania for approximately four years, the Pennsylvania courts would have jurisdiction over the matter, and there was no indication that a court with jurisdiction had declined to exercise it because New York was the more appropriate forum (see Domestic Relations Law § 76 [1] [b]). However, under Domestic Relations Law § 76-a (1), a New York State court may have “exclusive, continuing jurisdiction” over a prior child custody determination it made pursuant to Domestic Relations Law § 76. The parties did not dispute that there was a prior child custody determination made by a New York court. The Family Court, however, did not determine whether it had exclusive, continuing jurisdiction pursuant to Domestic Relations Law § 76-a (1). Relevant to that determination, the Family Court did not consider whether the children and their mother lacked a significant connection with New York, or whether substantial evidence was no longer available in New York concerning the children’s care, protection, training, and personal relationships (see Domestic Relations Law § 76-a [1] [a]). Moreover, the paucity of information in the record precludes a finding that the evidence demonstrated that the mother and children did not have a significant connection to New York or that relevant, substantial evidence is no longer available in New York (cf. Domestic Relations Law § 76-a [1] [a]; Matter of Koch v Andres, 295 AD2d 609, 610 [2002]).

Even if the Family Court had jurisdiction under Domestic Relations Law § 76-a (1) (a), “[p]ursuant to Domestic Relations Law § 76-f, a court of this state which has jurisdiction may decline to exercise it if it finds that New York is an inconvenient forum and that a court of another state is a more appropriate forum” (Matter of Rey v Spinetta, 8 AD3d 393, 394 [2004]). “However, the court is required to consider the factors set forth in Domestic Relations Law § 76-f (2) (a)-(h) and allow the parties to submit information regarding these factors before determining that New York is an inconvenient forum” (id. at 394). Because the Family Court did not determine whether it[*585] had. exclusive, continuing jurisdiction pursuant to Domestic Relations Law § 76-a, we remit the matter to the Family Court, Kings County, for a determination of that issue, and, if the Family Court determines that it does have exclusive, continuing jurisdiction for a further determination, based on the relevant statutory factors, of whether New York is an inconvenient forum and the courts of another state are a more appropriate forum (see Domestic Relations Law § 76-f [2] [a]-[h]). Cozier, J.P., Ritter, Spolzino and Skelos, JJ., concur.