Decided July 14, 2009
Before Mastro, J.P., Dickerson, Belen, Chambers, JJ.

APPEAL by the mother in a child custody proceeding pursuant to Family Court Act article 6, as limited by her brief, from so much of an order of the Family Court (Debra J. Kiedaisch, J.), entered in Orange County on May 29, 2008, as granted the father’s motion to dismiss the petition for lack of subject matter jurisdiction and dismissed the proceeding.

Annette G. Hasapidis, South Salem, N.Y., for appellant. Robert G. Smith, New York, N.Y., for respondent.