The Family Court correctly determined that it lacked exclusive, continuing jurisdiction pursuant to Domestic Relations Law § 76-a (1), even though the father lived in New York, because the parties’ 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 Gulyamova v Abdullaev, 53 AD3d 489 [2008]; Matter of Felicia McM. v Jerrold L.W., 51 AD3d 501 [2008]; Matter of King v King, 15 AD3d 999 [2005]; cf. Vernon v Vernon, 100 NY2d 960, 972 [2003]). Accordingly, the Family Court correctly granted the mother’s motion to dismiss the petition for lack of jurisdiction. Skelos, J.R, Hall, Austin and Miller, JJ., concur.
In the Matter of Ricardo Ramirez, Appellant, v. Aneta Sygutowska, Respondent
91 A.D.3d 787936 N.Y.S.2d 899
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