ANTHONY v. GINA

It is hereby ordered that the order so appealed from is unanimously affirmed without costs.

Memorandum: On appeal from an order granting petitioner father an order of filiation, respondent mother contends that Family Court lacked subject matter jurisdiction over this proceeding because it is a child custody proceeding pursuant to the Uniform Child Custody Jurisdiction and Enforcement Act ( see Domestic Relations Law § 76), and the child's home state is Michigan. We reject that contention. Pursuant to Domestic Relations Law § 75-a (4), a child custody proceeding is defined as "a proceeding in which legal custody, physical custody, or visitation with respect to a child is an issue. The term includes a proceeding for . . . paternity . . ., in which the issue may appear." Here, the sole issue before the court was that of paternity, and thus the jurisdictional requirements of section 76 are inapplicable ( see Sobie, 2004 Supp Practice Commentaries, McKinney's Cons Laws of NY, Book 14, Domestic Relations Law § 75-a, 2008 Pocket Part, at 88-89).