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Erlec v. Johnson

SUPREME COURT OF THE STATE OF NEW YORK APPELLATE DIVISION SECOND JUDICIAL DEPARTMENT


January 20, 2009

IN THE MATTER OF NORBERT ERLEC, APPELLANT,
v.
MARGARET JOHNSON, RESPONDENT.

In a child custody proceeding pursuant to Family Court Act article 6, the father appeals from an order of the Family Court, Queens County (Modica, J.), dated January 8, 2008, which dismissed the proceeding on the ground that the State of Illinois is a more appropriate and convenient forum.

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

REINALDO E. RIVERA, J.P., FRED T. SANTUCCI, EDWARD D. CARNI and THOMAS A. DICKERSON, JJ.

(Docket No. V-18840-05)

DECISION & ORDER

ORDERED that the order is affirmed, without costs of disbursements.

Contrary to the father's contention, the Family Court providently exercised its discretion, after reviewing the appropriate factors, in declining to exercise jurisdiction of this matter because the State of Illinois is a more appropriate and convenient forum (see Domestic Relations Law § 76-f; Matter of Eisner v Eisner, 44 AD3d 1111, 1113; Matter of Hall v Hall, 44 AD3d 771; Clark v Clark, 21 AD3d 1326, 1327).

The father's remaining contentions are without merit.

RIVERA, J.P., SANTUCCI, CARNI and DICKERSON, JJ., concur.

20090120

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