MATTER OF ASHTON McK. v. BODE M.

11057.

111 A.D.3d 474 (2013)

974 N.Y.S.2d 434

2013 NY Slip Op 7554

In the Matter of SARA ASHTON McK., Appellant, v. SAMUEL BODE M., Respondent.

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

Decided November 14, 2013.


Order, Family Court, New York County (Fiordaliza A. Rodriguez, Referee), entered on or about May 30, 2013, which granted respondent father's motion to dismiss the mother's custody petition, unanimously reversed, on the law, without costs, the motion denied, the petition reinstated, and the matter remanded for further proceedings consistent herewith.

The Family Court properly found that New York is the child's home state, based "on the literal construction of the statute...

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