Matter of Fox v Fox
2012 NY Slip Op 01963 [93 AD3d 1223]
March 16, 2012
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, April 25, 2012


In the Matter of James M. Fox, Respondent, v Elaine H. Fox, Appellant. (Appeal No. 1.)

—[*1] Shirley A. Gorman, Brockport, for respondent-appellant.

Susan Gray Jones, Canandaigua, for petitioner-respondent.

M. Kathleen Curran, Attorney for the Child, Canandaigua, for Sara F.

Appeal from an order of the Family Court, Ontario County (William F. Kocher, J.), entered November 23, 2009 in a proceeding pursuant to Family Court Act article 6. The order, inter alia, granted sole legal and physical custody of the parties' child to petitioner.

It is hereby ordered that said appeal is unanimously dismissed without costs.

Same memorandum as in Matter of Fox v Fox (93 AD3d 1224 [2012). Present—Scudder, P.J., Smith, Carni and Sconiers, JJ.