Matter of Kraft v Rousseau

2010 NY Slip Op 03713 [72 AD3d 1643]

April 30, 2010

Appellate Division, Fourth Department

As corrected through Wednesday, June 9, 2010

In the Matter of Lisa A. Kraft, Appellant, v Candice Rousseau,Respondent. (Appeal No. 2.)

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Cheryl L. Hitzel, Spring Brook, for petitioner-appellant.

Thomas A. Deuschle, Law Guardian, West Seneca, for Brandon W.

Dominic Paul Candino, Law Guardian, Buffalo, for Jaison W.

Appeal from an order of the Family Court, Erie County (Marjorie C. Mix, J.H.O.), enteredApril 23, 2009 in a proceeding pursuant to Family Court Act article 6. The order dismissed thepetition.

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

Same memorandum as in Matter of Rousseau v Kraft (72 AD3d 1643 [2010]).Present—Smith, J.P., Carni, Lindley, Sconiers and Pine, JJ.