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SERENA KELLY, ET AL., respondents, v. ROBERT A. KELLY, appellant.

DECISION ORDER

ORDERED that the order is affirmed insofar as appealed from, with costs.

The Supreme Court properly concluded that personal jurisdiction was acquired over the defendant when he was personally served with process while present in New York (see CPLR 301; Burnham v. Superior Ct. of California, 495 U.S. 604; Alexander, Practice Commentaries, McKinney's Cons Laws of NY, Book 7B, CPLR C301:2, at 11-12).

The defendant's remaining contentions are without merit.

RITTER, J.P., GOLDSTEIN, CRANE and MASTRO, JJ., concur.

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KELLY v. KELLY
(Dec 23, 2002)