Ordered that the order is reversed, on the law, without costs or disbursements, that branch of the mother's motion which was, in effect, to dismiss the petition for lack of subject matter jurisdiction is denied, the petition is reinstated, the matter is remitted to the Family Court, Kings County, for further proceedings in accordance herewith, and the prior order of the Family Court, Kings County, dated September 27, 2004, awarding custody of the child to the mother, is vacated...
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