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PEOPLE EX REL. STEVEN LIBIN, ETC., ap, v. ALEXANDER BERKOVITCH res

PEOPLE EX REL. STEVEN LIBIN, ETC., ap, v. ALEXANDER BERKOVITCH res — (INDEX NO. 201958/08)In a habeas corpus proceeding pursuant to Domestic Relations Law §70, the father appeals, as limited by his brief, from so much of an order of the Supreme Court, Nassau County (Zimmerman, J.), dated July 16, 2012, as denied those branches of his cross motion which were pursuant to Domestic Relations Law §76-a to modify a stipulation regarding grandparent visitation with the subject child so as to vacate the provision in the stipulation that the Supreme Court was to exercise exclusive, continuing jurisdiction over matters relating to the stipulation.

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PEOPLE EX REL. STEVEN LIBIN, ETC., ap, v. ALEXANDER BERKOVITCH res — (INDEX NO. 201958/08)In a habeas corpus proceeding pursuant to Domestic Relations Law §70, the father appeals, as limited by his brief, from so much of an order of the Supreme Court, Nassau County (Zimmerman, J.), dated July 16, 2012, as denied those branches of his cross motion which were pursuant to Domestic Relations Law §76-a to modify a stipulation regarding grandparent visitation with the subject child so as to vacate the provision in the stipulation that the Supreme Court was to exercise exclusive, continuing jurisdiction over matters relating to the stipulation.

ORDERED that the order is affirmed insofar as appealed from, with costs. The father and his late wife were living in Israel when their daughter (hereinafter the child) was born in February 2008. After the sudden death of the father’s wife shortly after the child’s birth, the father entered into a temporary guardianship agreement with his late wife’s parents (hereinafter together the maternal grandparents), which awarded them temporary custody of the child, and provided that the child would live with the maternal grandparents in New York. The father then commenced this habeas corpus proceeding in the Supreme Court, Nassau County, seeking sole custody of the child, and requesting the court to nullify the temporary custody arrangement.

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