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MATTER OF EL-SHEEMY v. EL-SHEEMY

35 A.D.3d 738 (2006)

826 N.Y.S.2d 695

In the Matter of MAHITAB I. EL-SHEEMY, Respondent, v. EZZAT A. EL-SHEEMY et al., Respondents, and AHMAD EL-SHEEMY, Appellant.

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

Decided December 19, 2006.

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

The Family Court dismissed the father's cross petition for custody based on lack of personal jurisdiction over the mother. We affirm so much of the order as dismissed the cross petition, but for a reason different from that stated by the Family Court.

By affirmatively seeking custody and participating in the proceedings, the mother waived her...

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