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MATTER OF SMITH v. SMITH

175 Misc.2d 189 (1998)

668 N.Y.S.2d 336

In the Matter of Jayne Smith, Petitioner, v. John Smith et al., Respondents.

Family Court, Kings County.

January 5, 1998

Attorney(s) appearing for the Case

Patricia Ann Fersch for petitioner. John Smith and another, respondents pro se. Orlian & Magill (Goldah Magill of counsel), Law Guardian.

PHILIP C. SEGAL, J.

In this proceeding under the Uniform Child Custody Jurisdiction Act (Domestic Relations Law art 5-A) commenced by the child's adult sibling, the respondent parents move to dismiss the petition on the ground that New York is not the child's "home state" (see, id., § 75-d [1] [a] [i]) and that the court, therefore, lacks subject matter jurisdiction. For the following reasons, the...

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