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IN THE MATTER OF FALLON v. FALLON

4 A.D.3d 426 (2004)

771 N.Y.S.2d 381

In the Matter of CHRISTOPHER FALLON, Respondent, v. SUSAN FALLON, Appellant.

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

February 9, 2004.

Ordered that the order is affirmed insofar as appealed from, with costs.

The Family Court was not divested of jurisdiction over the custody matter by the subsequent commencement of a matrimonial action in the Supreme Court during the pendency of the Family Court proceeding (see Family Ct Act § 651 [b]; Matter of Lacarrubba v Lacarrubba, 198 A.D.2d 354 [1993]; Matter of Rubenstein v Yosef,

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