Matter of Barbato v Proskurenko
2005 NY Slip Op 07129 [21 AD3d 1351]
September 30, 2005
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, November 16, 2005


In the Matter of James M. Barbato, Appellant, v Sarah M. Proskurenko, Respondent. (Appeal No. 1.)

[*1]Appeal from an order of the Family Court, Onondaga County (David G. Klim, J.), entered July 22, 2004 in a proceeding pursuant to Family Court Act article 6. The order, among other things, awarded primary residential custody of the parties' child to respondent and visitation to petitioner.

It is hereby ordered that said appeal be and the same hereby is unanimously dismissed without costs (see Matter of Eric D. [appeal No. 1], 162 AD2d 1051 [1990]). Present—Pigott, Jr., P.J., Green, Kehoe, Martoche and Lawton, JJ.