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IN THE MATTER OF McCORMICK v. FRANKLIN

13 A.D.3d 378 (2004)

786 N.Y.S.2d 95

In the Matter of THOMAS McCORMICK, Appellant, v. DIANE FRANKLIN, Respondent.

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

December 6, 2004.

Ordered that the order is affirmed, without costs or disbursements.

Initially, we note that the Uniform Child Custody Jurisdiction Act (Domestic Relations Law former article 5-A) applies here since the petition was filed prior to April 28, 2002, the effective date of the Uniform Child Custody Jurisdiction and Enforcement Act (see Matter of Brillhart v D'Andreamatteo, 296 A.D.2d 869, 870 [2002]).

Contrary to the petitioner...

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