Matter of Montague v Brooks
2012 NY Slip Op 04537 [96 AD3d 1443]
June 8, 2012
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, August 1, 2012


In the Matter of Kim Montague, Appellant, v Jason A. Brooks, Respondent. In the Matter of Jason A. Brooks, Respondent,
v
Kim Montague, Appellant.

—[*1] Elizabeth Ciambrone, Buffalo, for petitioner-appellant and respondent-appellant.

Catharine Venzon, Buffalo, for respondent-respondent and petitioner-respondent.

Ayoka Tucker, Attorney for the Child, Buffalo, for Nathan B.

Appeal from an order of the Family Court, Chautauqua County (Kevin M. Carter, J.), entered May 10, 2011 in a proceeding pursuant to Family Court Act article 6. The order, among other things, awarded respondent-petitioner sole custody of the subject child.

Now, upon reading and filing the stipulation of discontinuance signed by petitioner-respondent, the attorneys for the parties, and by the Attorney for the Child on March 12, 2012,

It is hereby ordered that said appeal is unanimously dismissed without costs upon stipulation. Present—Smith, J.P., Fahey, Peradotto, Sconiers and Martoche, JJ.