Opinion
CAF 04-02653.
September 30, 2005.
Appeal from an order of the Family Court, Genesee County (Eric R. Adams, J.), entered August 17, 2004 in a proceeding pursuant to Family Court Act article 6. The order granted respondent's motion to dismiss the petition.
CHARLES J. GREENBERG, BUFFALO, FOR PETITIONER-APPELLANT.
JOSEPH T. JARZEMBEK, BUFFALO, FOR RESPONDENT-RESPONDENT.
CHARLES PLOVANICH, LAW GUARDIAN, ROCHESTER, FOR ANTONIO N.
Before: Hurlbutt, J.P., Scudder, Smith, Pine and Hayes, JJ.
It is hereby ordered that said appeal be and the same hereby is unanimously dismissed without costs.
Same memorandum as in Matter of Neth v. Sherman ( 21 AD3d 1368).