Matter of McCooey v Alenikov
2009 NY Slip Op 04641 [63 AD3d 1660]
June 5, 2009
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, August 5, 2009


In the Matter of Joseph R. McCooey, Appellant, v Gail L. Alenikov, Respondent. (Appeal No. 2.)

[*1] Abbie Goldbas, Utica, for petitioner-appellant.

Tracy L. Pugliese, Clinton, for respondent-respondent.

John G. Koslosky, Law Guardian, Utica, for Kathryn M., James M. and Jacob M.

Appeal from an order of the Family Court, Herkimer County (Anthony J. Garramone, J.H.O.), entered March 13, 2008 in a proceeding pursuant to Family Court Act article 6. The order dismissed the petition to modify a prior order of custody and visitation.

It is hereby ordered that the order so appealed from is unanimously affirmed without costs for reasons stated in the decision at Family Court. Present—Martoche, J.P., Smith, Fahey, Carni and Green, JJ.