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Tamir C. v. Vincent H.

SUPREME COURT OF THE STATE OF NEW YORK APPELLATE DIVISION SECOND JUDICIAL DEPARTMENT


February 24, 2009

IN THE MATTER OF TAMIR C. (ANONYMOUS), APPELLANT,
v.
CHRISTOPHER VINCENT H. (ANONYMOUS), RESPONDENT.

In a paternity proceeding and a related child custody proceeding pursuant to Family Court Act articles 5 and 6, respectively, the petitioner appeals from an order of the Family Court, Kings County (Hepner, J.), dated February 28, 2008, which transferred her petition to vacate an acknowledgment of paternity to the General Court of Justice of the State of North Carolina.

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

WILLIAM F. MASTRO, J.P., JOSEPH COVELLO, THOMAS A. DICKERSON and JOHN M. LEVENTHAL, JJ.

(Docket Nos. P-36351-07, V-36352-07)

DECISION & ORDER

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

After communicating with the General Court of Justice of the State of North Carolina (hereinafter the North Carolina court), the Family Court, Kings County, properly transferred to the North Carolina court the petition to vacate an acknowledgment of paternity (see Domestic Relations Law § 76-e[2]; cf. Matter of Williams v Taylor, 20 AD3d 484). The State of North Carolina, where a custody dispute between the parties was pending, was the child's home state and, thus, the North Carolina court had jurisdiction substantially in conformity with the Uniform Child Custody Jurisdiction and Enforcement Act, which is codified in Domestic Relations Law article 5-A (see Domestic Relations Law §§ 76-e[1], 76[1][a]; § 75-a[7]).

MASTRO, J.P., COVELLO, DICKERSON and LEVENTHAL, JJ., concur.

20090224

© 1992-2009 VersusLaw Inc.



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