Uhl v. Uhl

—Order unanimously reversed on the law without costs, petition reinstated and matter remitted to Ontario County Family Court for further proceedings in accordance with the following Memorandum: Petitioner mother commenced this custody proceeding in May 1995, the day after respondent father took the children to the State of Washington allegedly without her knowledge and consent. Initially, Family Court properly exercised jurisdiction (see, Domestic Relations Law § 75-d [1] [a] [ii]; Matter of Smith v Smith, 226 AD2d 1095), and petitioner’s attempted withdrawal of the petition four months later…