Matter of McElrath v Wimberly
2009 NY Slip Op 02441 [60 AD3d 1497]
March 27, 2009
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, May 6, 2009


In the Matter of Lateesha McElrath, Respondent, v Tommie Wimberly, III, Appellant.

—[*1] David J. Pajak, Alden, for respondent-appellant.

Appeal from an order of the Family Court, Erie County (James H. Dillon, J.), entered November 30, 2007 in a proceeding pursuant to Family Court Act article 4. The order revoked a suspended sentence and committed respondent to the custody of the Erie County Correctional Facility for six months.

It is hereby ordered that the order so appealed from is unanimously affirmed without costs. Present—Smith, J.P., Fahey, Peradotto, Carni and Gorski, JJ.