Sara Ashton McK. v. Bode M.

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,” since the mother gave birth on February 23, 2013, in New York and the child lived in New York continuously until the time…