Anthony B. v. Priscilla B.
Cases that cite this one
11 later published cases cite this decision.
- Matter of Snow v. Elmer (Appellate Division of the Supreme Court of New York 2016)
- Matter of Sadie HH. v. Darrin II. (Appellate Division of the Supreme Court of New York 2020)
- Matter of Goode v. Sandoval (Appellate Division of the Supreme Court of New York 2019)
- Matter of Helmeyer v. Setzer (Appellate Division of the Supreme Court of New York 2019)
- Matter of Luis F.F. v. Jessica G. (Appellate Division of the Supreme Court of New York 2015)
- Valji v. Valji (Appellate Division of the Supreme Court of New York 2015)
- MERCADO, RAFAEL A. v. FRYE, KATHY R. (Appellate Division of the Supreme Court of New York 2013)
- Frank MM. v. Lorain NN. (Appellate Division of the Supreme Court of New York 2013)
- Frank MM. v. Lorain NN. (Appellate Division of the Supreme Court of New York 2013)
- McAvoy v. Hannigan (Appellate Division of the Supreme Court of New York 2013)
- McAvoy v. Hannigan (Appellate Division of the Supreme Court of New York 2013)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
The court’s decision was not an improvident exercise of discretion (see e.g. Matter of Hissam v Mancini, 80 AD3d 802, 803 [2011], lv dismissed and denied 16 NY3d 870 [2011]). Even though the court did not explicitly discuss all the factors listed in Domestic Relations Law § 76-f (2), the record is sufficient to permit us to consider them (see e.g. Matter of Sutton v Sutton, 74 AD3d 1838, 1839 [2010]).
We note that a decision regarding inconvenient forum depends on the specific issue(s) to be decided in the pending litigation (see Matter of Jenkins v Jenkins, 9 AD3d 633, 636 [2004], lvs dismissed 5 NY3d 881 [2005], 6 NY3d 751 [2005]; see also Domestic Relations Law § 76-f [2] [f]-[h]), and should there be changed circumstances in the future, the mother will not be precluded from arguing that New Jersey is a more appropriate forum (see Domestic Relations Law § 76-f [1] [court “may decline to exercise its jurisdiction at any time” (emphasis added)]). Concur — Tom, J.P, Saxe, Moskowitz, DeGrasse and AbdusSalaam, JJ.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.