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MATTER OF GATHIAKA v. MUBEA

2021-01090. Docket No. V-01985-20.

202 A.D.3d 678 (2022)

158 N.Y.S.3d 600

2022 NY Slip Op 00661

In the Matter of Peter Gathiaka, Appellant, v. Joan W. Mubea, Respondent.

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

Decided February 2, 2022.

Attorney(s) appearing for the Case

Salvatore C. Adamo , New York, NY, for appellant.

Yasmin Daley Duncan , Brooklyn, NY, for respondent.

Jessica Bacal , Mount Kisco, NY, attorney for the child.

Duffy, J.P., Chambers, Christopher and Zayas, JJ., concur.

Ordered that on the Court's own motion, the notice of appeal is deemed to be an application for leave to appeal, and leave to appeal is granted (see CPLR 5701[c]); and it is further,

Ordered that the order is affirmed, without costs or disbursements.

The mother moved to dismiss the father's custody petition, asserting that the Family Court lacked jurisdiction pursuant to the Uniform Child Custody Jurisdiction and Enforcement Act (Domestic Relations...

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