Matter of Herrod v Burns
2015 NY Slip Op 07353 [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 Robert J. Herrod, Respondent,
v
Gretchen R. Burns, Appellant. (Appeal No. 3.)

Susan James, Waterloo, for respondent-appellant.

Terrence Baxter, Corning, for petitioner-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 granted sole custody of the parties' children to Robert J. Herrod with visitation to Gretchen R. Burns.

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.