Matter of Zoe D.K. v Kimberly R.P.
2005 NY Slip Op 08461 [23 AD3d 1162]
Decided on November 10, 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 November 10, 2005
SUPREME COURT OF THE STATE OF NEW YORK

Appellate Division, Fourth Judicial Department

PRESENT: HURLBUTT, J.P., SCUDDER, GORSKI, SMITH, AND LAWTON, JJ.

1269 CA 04-02092

[*1]MATTER OF THE ADOPTION OF ZOE D.K., ALSO KNOWN AS ZOE D.P. ——————————————————— STEPHEN K., PETITIONER-APPELLANT; ORDER

and

KIMBERLY R.P., RESPONDENT-RESPONDENT. (APPEAL NO. 1.)



Appeal from an order of the Surrogate's Court, Erie County (Joseph S. Mattina, S.), entered December 10, 2003. The order granted respondent's motion to invalidate an oral stipulated settlement agreement.


HOGAN & WILLIG, PLLC, AMHERST (DIANE R. TIVERON OF COUNSEL), FOR PETITIONER-APPELLANT, AND ANNE E. ADAMS, LAW GUARDIAN, BUFFALO, FOR ZOE D.K., ALSO KNOWN AS ZOE D.P.
ARCANGELO J. PETRICCA, LACKAWANNA, FOR RESPONDENT-RESPONDENT.



It is hereby ORDERED that the order so appealed from be and the same hereby is unanimously affirmed without costs.
Entered: November 10, 2005
JoAnn M. Wahl
Clerk of the Court