
    In the Matter of Ruey Dei, Appellant, v Nyawer Diew, Respondent. (Appeal No. 3.)
    [866 NYS2d 902]
   — Appeal from an order of the Family Court, Erie County (Sharon M. LoVallo, J.), entered July 2, 2007. The order dismissed the petition for custody for lack of jurisdiction.

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

Same memorandum as in Matter of Dei v Diew (56 AD3d 1212 [2008]). Present — Scudder, P.J., Martoche, Smith, Peradotto and Pine, JJ.  