DeGrizje v. Delviccario, 279 A.D.2d 574 (N.Y. App. Div. 2001). · Go Syfert
DeGrizje v. Delviccario, 279 A.D.2d 574 (N.Y. App. Div. 2001). Cases Citing This Book View Copy Cite
9 citation events (9 in the last 25 years) across 2 distinct courts.
Top citers, strongest first. 2 distinct citers. How cited ↗
discussed Cited as authority (rule) Persaud v. Persaud
N.Y. App. Div. · 2002 · confidence medium
Thus, after being assured that Florida would assume jurisdiction (see Domestic Relations Law § 75-h [4]; Matter of DeGrizje v Delviccario, supra at 574), the Family Court properly concluded that there was no basis for New York’s continued exercise of jurisdiction over the custody issue (see 28 USC § 1738A [c], [d]; Domestic Relations Law § 75-d [1]).
discussed Cited "see, e.g." Jenkins v. Jenkins
N.Y. App. Div. · 2004 · signal: compare · confidence medium
We are not persuaded that the offer made to the parties to make a submission when the only issue was the child’s “home state” jurisdiction suffices (see Matter of Rey v Spinetta, 8 AD3d 393, 394 [2004]; compare Matter of DeGrizje v Delviccario, 279 AD2d 574, 575 [2001], lv denied 96 NY2d 716 [2001]).
Retrieving the full opinion text from the archive…
In the Matter of Richard DeGrizje
v.
Loreta Delviccario
Appellate Division of the Supreme Court of the State of New York.
Jan 22, 2001.
279 A.D.2d 574
Cited by 7 opinions  |  Published

In a visitation proceeding pursuant to Family Court Act article 5-A, the petitioner father appeals from an order of the Family Court, Dutchess County (Amodeo, J.), entered October 9, 1998, which, inter alia, granted the joint motion of the Law Guardian and mother to dismiss his petition on the ground that New York is an inconvenient forum.

Ordered that the order is affirmed, without costs or disbursements.

The Family Court declined to exercise its jurisdiction on the ground that New York is an inconvenient forum. As a result,[*575] the father’s petition for visitation with his two infant sons was dismissed.

Domestic Relations Law article 5-A provides that a court must first decide whether it has jurisdiction pursuant to one or more of the jurisdictional predicates set forth in Domestic Relations Law § 75-d, and, second, if so, whether it should exercise that jurisdiction according to one of the subsections (see, Vanneck v Vanneck, 49 NY2d 602). Domestic Relations Law § 75-h provides one of the grounds for declining to exercise jurisdiction, namely, inconvenient forum. Domestic Relations Law § 75-h (3) sets forth the following factors that a court may consider: whether another State is or recently was the child’s home State; whether another State has a closer connection to the child; whether evidence concerning the child’s present or future care, protection, training, and personal relationships is more readily available in another State; whether the parties have agreed on another forum; and whether the exercise of jurisdiction contravenes the purposes of Domestic Relations Law article 5-A (see, Domestic Relations Law § 75-h [3]; Hettinger v Hettinger, 217 AD2d 490). Further, before determining to decline jurisdiction, a court may communicate with a court of another State, sharing information pertinent to the proceeding and insuring that the forum will assume jurisdiction (see, Domestic Relations Law § 75-h [4]; Singer v Singer, 79 AD2d 680).

The Family Court considered the evidence concerning the subject children’s closer connections to the State of Arizona (see, Matter of Heitler v Hoosin, 143 AD2d 1018). There was no evidence that any of the statutory aims were violated (see, Matter of Swain v Vogt, 206 AD2d 703). Moreover, the Family Court communicated with the court in Arizona to insure that the petitioner’s rights would be protected (see, Singer v Singer, supra).

Jurisdiction is a threshold question which can be raised at “any time before making a decree if [a court] finds that it is an inconvenient forum * * * under the circumstances of the case and that a court of another state is a more appropriate forum” (Domestic Relations Law § 75-h [1]; Grossman v Meller, 213 AD2d 221). The Family Court properly made its determination in the best interests of the children. Krausman, J. P., S. Miller, Friedmann and Luciano, JJ., concur.