| Matter of Barnes v Mason |
| 2005 NY Slip Op 00690 [15 AD3d 1016] |
| Decided on February 4, 2005 |
| Appellate Division, Fourth Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This opinion is uncorrected and subject to revision before publication in the Official Reports. |
Decided on February 4, 2005
SUPREME COURT OF THE STATE OF NEW YORK
Appellate Division, Fourth Judicial Department
PRESENT: GREEN, J.P., HURLBUTT, SCUDDER, LAWTON, AND HAYES, JJ.
34 CAF 04-00029
[*1]MATTER OF GARY BARNES, PETITIONER-APPELLANT, ORDER
v
PATRICIA MASON, RESPONDENT-RESPONDENT. (APPEAL NO. 2.)
Appeal from an order of the Family Court, Erie County (Marjorie C. Mix, J.H.O.), entered December 19, 2003 in a proceeding pursuant to Family Court Act article 6. The order dismissed without prejudice the petition seeking custody.
EVELYNE A. O'SULLIVAN, BUFFALO, FOR PETITIONER-APPELLANT.
ALAN BIRNHOLZ, E. AMHERST, FOR RESPONDENT-RESPONDENT.
It is hereby ORDERED that the order so appealed from be and the same hereby is unanimously affirmed without costs.
Entered: February 4, 2005
JoAnn M. Wahl
Clerk of the Court