| Matter of Georgianna N. v Carmen V. |
| 2020 NY Slip Op 03997 [185 AD3d 494] |
| July 16, 2020 |
| Appellate Division, First Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| In the Matter of Georgianna N., Appellant, v Carmen V. et al., Respondents. |
Law Office of Randall S. Carmel, Jericho (Randall S. Carmel of counsel), for appellant.
Law Office of Lewis S. Calderon, Jamaica (Lewis S. Calderon of counsel), for respondents.
Andrew J. Baer, New York, attorney for the child, Albert G.
Larry S. Bachner, New York, attorney for the child, Linda Rose G.
Appeal from order, Family Court, New York County (Pamela Scheininger, Ref.), entered on or about February 1, 2019, which dismissed petitioner grandmother's petition seeking an order of visitation with her two biological grandchildren, unanimously dismissed, without costs, for lack of subject matter jurisdiction.
This case should have been dismissed for lack of continuing jurisdiction under Domestic Relations Law § 76-a (1) (b) as the parents and children no longer reside in New York, but in Florida (see Matter of Kevin McK. v Elizabeth A.E., 151 AD3d 600, 600 [1st Dept 2017], lv dismissed in part, denied in part 32 NY3d 944 [2018]). In view of our dismissal on this basis, we need not reach the balance of appellant's arguments. Concur—Manzanet-Daniels, J.P., Mazzarelli, Gesmer, Oing, Singh, JJ.