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MATTER OF BERESFORD SR. v. YOKES

44 A.D.3d 1169 (2007)

843 N.Y.S.2d 528

In the Matter of TERRENCE W. BERESFORD SR., Appellant, v. BRENDA E. YOKES, Respondent.

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

Decided October 25, 2007.

Lahtinen, J.

Petitioner, who was never married to respondent, commenced this proceeding in May 2006 seeking custody and visitation with their daughter, who was born in Pennsylvania in 1999. Family Court dismissed the petition for lack of subject matter jurisdiction finding that Pennsylvania is the child's home state pursuant to the Uniform Child Custody Jurisdiction and Enforcement Act (hereinafter UCCJEA; see Domestic Relations Law art 5-A). Petitioner appeals...

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