Smith v. Smith

*190OPINION OF THE COURT

Philip C. Segal, J.

In this proceeding under the Uniform Child Custody Jurisdiction Act (Domestic Relations Law art 5-A) commenced by the child’s adult sibling, the respondent parents move to dismiss the petition on the ground that New York is not the child’s "home state” (see, id., § 75-d [1] [a] [i]) and that the court, therefore, lacks subject matter jurisdiction. For the following reasons, the motion is denied.

Petitioner and the Law Guardian set forth that (i) respondents physically and sexually abused their 15-year-old daughter, Marcelle, in their home State of…