Matter of Erlec v Johnson
2009 NY Slip Op 00381 [58 AD3d 730]
January 20, 2009
Appellate Division, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, March 11, 2009


In the Matter of Norbert Erlec, Appellant,
v
Margaret Johnson, Respondent.

[*1] Helene Bernstein, Brooklyn, N.Y., for appellant.

Yisroel Schulman, New York, N.Y. (Christina Brandt-Young of counsel), for 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.

Ordered that the order is affirmed, without costs or 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 [2007]; Matter of Hall v Hall, 44 AD3d 771 [2007]; Clark v Clark, 21 AD3d 1326, 1327 [2005]).

The father's remaining contentions are without merit. Rivera, J.P., Santucci, Carni and Dickerson, JJ., concur.