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MATTER H.M. v. E.T.

No. 48

14 N.Y.3d 521 (2010)

930 N.E.2d 206

904 N.Y.S.2d 285

In the Matter of H.M., Appellant, v. E.T., Respondent.

Court of Appeals of New York.

Decided May 4, 2010.

Attorney(s) appearing for the Case

Proskauer Rose LLP, New York City ( Peter J.W. Sherwin,   Kenneth E. Aldous , Justin F. Heinrich and Nicole Haff of counsel), for appellant.

Nixon Peabody LLP, Rochester ( David H. Tennant and Erik A. Goergen of counsel), for respondent.

Orrick, Herrington & Sutcliffe LLP, New York City ( Matthew L. Craner , Lisa M. Cirando and Scott Roehm of counsel), for New York County Lawyers' Association, amicus curiae.

Carmelyn P. Malalis , New York City, for New York City Bar Association, amicus curiae.

Chief Judge LIPPMAN and Judges SMITH and PIGOTT concur with Judge CIPARICK; Judge SMITH concurs in a separate concurring opinion; Judge JONES dissents and votes to affirm in another opinion in which Judges GRAFFEO and READ concur.

OPINION OF THE COURT

CIPARICK, J.

This appeal presents the issue whether Family Court has subject matter jurisdiction to adjudicate a support petition brought pursuant to the Uniform Interstate Family Support Act (UIFSA) (Family Ct Act art 5-B) by a biological parent seeking child support from her former same-sex partner. We hold that Family Court possesses subject matter jurisdiction to hear such a petition...

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