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MICHAEL McC. v. MANUELA A.

48 A.D.3d 91 (2007)

848 N.Y.S.2d 147

In the Matter of MICHAEL McC., Appellant, v. MANUELA A., Respondent.

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

December 27, 2007.

Attorney(s) appearing for the Case

Segal & Greenberg LLP, New York City (Philip C. Segal of counsel), for appellant.

Jeffrey Cylkowski, New York City, for respondent.

FRIEDMAN, SULLIVAN and GONZALEZ, JJ., concur. LIPPMAN, P.J., dissents in part in a separate opinion.

OPINION OF THE COURT

CATTERSON, J.

This appeal arises out of a Family Court determination that the court lacked jurisdiction in a custody modification proceeding after the mother fled New York with her five-year-old son to Italy in the middle of the proceeding. We reverse, on the law, and as a matter of public policy.

Petitioner-appellant father, a United States citizen, and respondent mother, an Italian national, who is also a United States citizen...

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