Matter of Joshua M.
2009 NY Slip Op 03254 [61 AD3d 1376]
April 24, 2009
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, June 10, 2009


In the Matter of Joshua M., Respondent. Erie County Attorney, Appellant. (Appeal No. 2.)

—[*1] Cheryl A. Green, County Attorney, Buffalo (Michael J. Liszewski of counsel), for petitioner-appellant.

Mary Anne Connell, Law Guardian, Buffalo, for respondent-respondent.

Appeal from an order of the Family Court, Erie County (Paul G. Buchanan, J.), entered January 9, 2008 in a proceeding pursuant to Family Court Act article 3. The order dismissed the petition.

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

Same memorandum as in Matter of Jonathan M. (61 AD3d 1374 [2009]). Present—Smith, J.P., Fahey, Peradotto, Carni and Gorski, JJ.