| Matter of Santiago v Riley |
| 2012 NY Slip Op 07680 [100 AD3d 764] |
| November 14, 2012 |
| Appellate Division, Second Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| In the Matter of Christina E. Santiago,
Appellant, v Douglas J. Riley, Respondent. |
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Gail Jacobs, Great Neck, N.Y., for respondent.
David H. Ledgin, Mineola, N.Y., attorney for the children.
In a family offense proceeding pursuant to Family Court Act article 8, the mother appeals from an order of the Family Court, Nassau County (Stack, J.H.O.), dated February 4, 2011, which dismissed the proceeding.
Ordered that the order is affirmed, without costs or disbursements.
The Family Court properly dismissed this proceeding, since a custody proceeding between these parties is pending in Delaware (see Domestic Relations Law § 75-a [7]; Matter of Navarrete v Wyatt, 52 AD3d 836 [2008]), and the exercise of temporary emergency jurisdiction in New York is not warranted (see Domestic Relations Law § 76-c [1]; Matter of Scott v Jackson, 38 AD3d 788 [2007]).
The mother's remaining contentions are without merit. Angiolillo, J.P., Austin, Sgroi and Miller, JJ., concur.