Jill S. v. Steven S.
Opinion of the Court
Order, Family Court, New York County (Rhoda J. Cohen, J.), entered on or about December 29, 2006, which denied petitioner’s objection to a Magistrate’s decision granting respondent’s motion to dismiss the child support petition for lack of personal jurisdiction under the Uniform Interstate Family Support Act (UIFSA), unanimously affirmed, without costs.
Under UIFSA, Family Court may exercise personal jurisdiction over a nonresident respondent if “the child resides in [New York] as a result of the acts or directives of the individual” (Family Ct Act § 580-201 [5]). The determination that petitioner failed to establish by a preponderance of credible evidence a pattern of abuse or harassment by respondent resulting in the child’s relocation to New York, so as to exercise personal jurisdiction under the statute, is supported by the record (see e.g. Sneed v Sneed, 164 Ohio App 3d 496, 842 NE2d 1095 [2005]; McNabb ex rel. Foshee v McNabb, 31 Kan App 2d 398, 65 P3d 1068 [2003]; Windsor v Windsor, 45 Mass App Ct 650, 700 NE2d 838 [1998]), and there is no basis to disturb the Support Magistrate’s credibility assessments (see Matter of Drago v Drago, 138 AD2d 704 [1988]).
The Magistrate appropriately exercised his discretion in precluding petitioner’s expert witness, inasmuch as the proposed
The Magistrate’s denial of recusal was a proper exercise of discretion (see Yannitelli v Yannitelli & Sons Constr. Corp., 247 AD2d 271 [1998], lv denied 92 NY2d 875 [1998]). Concur— Lippman, PJ., Mazzarelli, Sullivan, Nardelli and Sweeny, JJ.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.