Matter of Toale v Caravella
2011 NY Slip Op 05964 [86 AD3d 576]
July 12, 2011
Appellate Division, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, August 31, 2011


In the Matter of Kellyann Toale, Appellant,
v
Michael Caravella, Respondent.

[*1] Michael G. Paul, New City, N.Y., for appellant.

Susan Argento Ferlauto, Thornwood, N.Y., Attorney for the Children.

In a child custody proceeding pursuant to Family Court Act article 6, the mother appeals, as limited by her brief, from so much of an order of the Family Court, Orange County (Kiedaisch, J.), dated November 16, 2010, as dismissed her petition to modify an order of the same court dated August 19, 2009, among other things, awarding, after a hearing, custody of the parties' children to the father and permitting the children to relocate to the State of California with the father.

Ordered that the order dated November 16, 2010, is affirmed insofar as appealed from, without costs or disbursements.

Contrary to the mother'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 California is a more appropriate and convenient forum (see Domestic Relations Law § 76-f; Matter of Desroches v Desroches, 70 AD3d 686 [2010]; Matter of Erlec v Johnson, 58 AD3d 730, 731 [2009]; Matter of Hall v Hall, 44 AD3d 771 [2007]; Clark v Clark, 21 AD3d 1326, 1327-1328 [2005]; Matter of Koch v Andres, 295 AD2d 609, 610 [2002]). Angiolillo, J.P., Dickerson, Hall and Roman, JJ., concur.