MATTER OF BRETT R. v. MARLA E.-R.

3689.

79 A.D.3d 506 (2010)

911 N.Y.S.2d 632

In the Matter of BRETT R., Appellant, v. MARLA E.-R., Respondent.

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

Decided December 9, 2010.


There is no evidence in this record that respondent wrongfully removed the subject child from New York State. Since the child resided outside the state for more than six months prior to the commencement of this proceeding, petitioner has failed to establish that New York is the child's home state (see Domestic Relations Law § 75-a [7]), thus depriving the Family Court of jurisdiction to hear this matter (§...

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