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In the Matter of NUSRAT C., Respondent, v. MUHAMMAD R., Appellant.

Subject matter jurisdiction exists under both (1) Domestic Relations Law § 70 (a), where, as here, even though the child lives abroad, both parents live here and are personally before the court ( see People ex rel. Satti v Satti, 55 AD2d 149, 152-153, affd 43 NY2d 671), and (2) Domestic Relations Law § 76 (1) (d), where, as here, the child's state of residence lacks jurisdiction under Domestic Relations Law § 76 (1) (a)-(c). We have considered and rejected respondent's other arguments, including that the proceeding should be dismissed on the ground that New York is an inconvenient forum (Domestic Relations Law § 76-f).

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IN RE NUSRAT C
(Nov 5, 2009)