Matter of Cappiello v Cappiello
2010 NY Slip Op 09758 [79 AD3d 1770]
December 30, 2010
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, February 16, 2011


In the Matter of Dominic Cappiello, Respondent, v Laurie Cappiello, Appellant.

—[*1] Wagner & Hart, LLP, Olean (Janine Fodor of counsel), for respondent-appellant.

Emily A. Vella, Springville, for petitioner-respondent.

Steven J. Lord, Attorney for the Children, Arcade, for Ashlea C., Ayrianna C. and Star C.

Appeal from an order of the Family Court, Cattaraugus County (Judith E. Samber, R.), entered November 20, 2009 in a proceeding pursuant to Family Court Act article 6. The order, inter alia, granted sole legal and physical custody of the parties' children to petitioner.

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—Smith, J.P., Peradotto, Carni, Lindley and Sconiers, JJ.