IN RE MAURA B., M-4445pet-ap, v. GIOVANNI P., res-res

10998-10999. IN RE MAURA B., M-4445pet-ap, v. GIOVANNI P., res-res — Law Offices of Ilysa M. Magnus, P.C., New York (Ilysa M. Magnus of counsel), for ap — GIOVANNI P., RESPONDENT PRO SE. JO ANN DOUGLAS, NEW YORK, ATTORNEY FOR THE CHILD.—Order, Family Court, New York County (George L. Jurow, J.H.O.), entered on or about February 8, 2012, which dismissed the petitions to modify custody for lack of jurisdiction, unanimously affirmed, without costs. Order, same court and hearing officer, entered on or about July 19, 2012, which denied petitioner’s motion for emergency temporary custody of the child, unanimously affirmed, without costs.

Family Court correctly determined that it lacked subject matter jurisdiction over this custody matter (see Domestic Relations Law §§76-b, 76-e; Stocker v. Sheehan, 13 AD3d 1 [1st Dept 2004]). The initial custody determination was made by the Court of Florence, Italy, in 2005. Since then, numerous proceedings have been held in Italy, where respondent has resided since 2000. At the time the petition was filed, in 2011, a proceeding was ongoing in Italy, pursuant to which the parties had recently undergone a forensic evaluation, and a decision as to custody was expected imminently. And, in response to Family Court’s inquiry, the Appellate Court of Florence advised that Italy would not decline jurisdiction.