Matter of Burns v Herrod
2015 NY Slip Op 07352 [132 AD3d 1337]
October 9, 2015
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, December 9, 2015


[*1]
 In the Matter of Gretchen R. Burns, Appellant,
v
Robert J. Herrod, Respondent. (Appeal No. 2.)

Susan James, Waterloo, for petitioner-appellant.

Terrence J. Baxter, Corning, for respondent-respondent.

Wendy S. Sisson, Attorney for the Children, Geneseo.

Appeal from an order of the Family Court, Allegany County (Thomas P. Brown, J.), entered May 15, 2014 in a proceeding pursuant to Family Court Act article 6. The order dismissed the petition for a modification of custody and visitation.

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

Same memorandum as in Matter of Burns v Herrod ([appeal No. 1] 132 AD3d 1336 [2015]). Present—Scudder, P.J., Smith, Centra, Peradotto and Carni, JJ.