This court has before it objections to the decision and order of Hearing Examiner Miklitsch dated April 4, 1994. The petitioner, represented by the County Attorney of Rockland County, objects to the dismissal of her petition brought under Article 3-A of the Domestic Relations Law which sought enforcement of a Kings County Family Court order of support and collection of arrears.
On January 24, 1994 the petitioner, Marsha Dow, filed with this court a petition under Article 3-A of the Domestic Relations Law of the State of New York (Uniform Support of Dependents Law [USDL]. Petitioner was a resident of Queens County, New York. Consequently, the clerk of the Queens County Family Court forwarded the petition, along with a certificate signed by a judge of that county, to the Rockland County Family Court wherein the respondent resides. On March 8, 1994 the matter appeared on the calendar of the hearing examiner of this court. Petitioner was represented by the office of the Rockland County Attorney and the respondent was represented by private counsel. The hearing examiner dismissed the petition on that date and a formal order was signed on April 4, 1994. In said order, the hearing examiner stated as the reason for the dismissal, a New York order is not a foreign order under statute. The petitioner has objected to this determination. Respondent has not interposed a rebuttal.
The issue to be decided is whether a petitioner who is a resident or domiciliary of one county of the State of New York can maintain a proceeding under Article 3-A of the Domestic Relations Law to enforce the terms of a New York State order of child support against a respondent who is a resident or domiciliary of another county of the State of New York.