Matter of McDonald (Lanzone)
2016 NY Slip Op 06377 [142 AD3d 1386]
September 30, 2016
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, November 2, 2016


[*1]
 In the Matter of the Guardianship of Alissa Joy McDonald, an Infant. David B. Lanzone, Appellant; Christopher S. McDonald, Respondent.

Bond, Schoeneck & King, PLLC, Rochester (Nicole M. Marro of counsel) and Cohen & Grigsby, P.C., Pittsburgh, Pennsylvania (Christina McKinley of counsel), for petitioner-appellant.

Davidson Fink LLP, Rochester (Robert G. Greene of counsel), for petitioner-respondent.

Appeal from an order of the Surrogate's Court, Monroe County (John M. Owens, S.), entered October 13, 2015. The order, among other things, denied the petition of David B. Lanzone for property guardianship of Alissa Joy McDonald.

Now, upon reading and filing the stipulation of discontinuance signed by the attorneys for the parties on August 23, 2016,

It is hereby ordered that said appeal is unanimously dismissed without costs upon stipulation. Present—Smith, J.P., Carni, Lindley, DeJoseph and Scudder, JJ.