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MATTER OF COLLUM v. KELLEY

262 A.D.2d 1057 (1999)

694 N.Y.S.2d 255

In the Matter of SUSAN F. COLLUM, Formerly Known as SUSAN L. KELLEY, Respondent, v. SCOTT S. KELLEY, Appellant. (Appeal No. 1.)

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

Decided June 18, 1999.

Order unanimously reversed on the law without costs and petition dismissed.

Memorandum:

In appeal No. 1, we reverse the order of Family Court retaining jurisdiction in this matter. As the home State of the children, the New York court may validly exercise jurisdiction under the Uniform Child Custody Jurisdiction Act (UCCJA). However, the Parental Kidnaping Prevention Act (PKPA), which preempts the UCCJA under the Supremacy Clause of the United States Constitution...

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