IN THE MATTER OF GREGORY J. MOTT, &C., APPELLANT, v. PATRICIA ANN R., &C., ET AL., RESPONDENTS.

91 N.Y.2d 856, 691 N.E.2d 623, 668 N.Y.S.2d 551 (1997).
December 22, 1997

4 No. 218

[97 NY Int. 0235]
Decided December 22, 1997

This opinion is uncorrected and subject to revision before publication in the New York Reports.

Lewis J. Gould, for appellant.
David C. Boysen, for respondent mother.

MEMORANDUM:

The order of the Appellate Division should be affirmed, without costs. As New York's court of general original jurisdiction ( see, NY Const art VI, § 6; Judiciary Law § 140 b), and under the "home state" provisions of the Uniform ChildCustody Jurisdiction Act (Domestic Relations Law §§ 75 a et seq.), Supreme Court ordinarily would have subject matter jurisdiction over this Florida custody decree modification proceeding, as the children have been domiciled in New York for over eight years.

In the instant case, however, the Appellate Division correctly determined that the Federal Parental Kidnapping Prevention Act (PKPA) (28 USC § 1738A) preempts the UCCJA, and its continuing jurisdiction provisions require Supreme Court to defer jurisdiction over this custody modification proceeding to the Florida courts, which have declined to relinquish jurisdiction ( see, 28 USC §§ 1738A[c][1], [d], [f]; cf., Matter of Sayeh and Arash R., __ NY2d __ [decided today]).

Since Supreme Court did not have subject matter jurisdiction, accordingly we need not reach any of the other issues raised by the parties below.

* * * * * * * * * * * * * * * * * Order affirmed, without costs, in a memorandum. Chief Judge Kaye and Judges Titone, Bellacosa, Smith, Levine, Ciparick and Wesley concur.

Decided December 22, 1997

IN THE MATTER OF GREGORY J. MOTT, &C., APPELLANT, v. PATRICIA ANN R., &C., ET AL., RESPONDENTS.

91 N.Y.2d 856, 691 N.E.2d 623, 668 N.Y.S.2d 551 (1997). December 22, 1997

91 N.Y.2d 856, 691 N.E.2d 623, 668 N.Y.S.2d 551 (1997).
December 22, 1997