Matter of Whitney v Whitney
2017 NY Slip Op 07045 [154 AD3d 1296]
October 6, 2017
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, November 29, 2017


[*1]
 In the Matter of Michael G. Whitney, Appellant,
v
Denise T. Whitney, Respondent. (Appeal No. 4.)

Lovallo & Williams, Buffalo (Timothy R. Lovallo of counsel), for petitioner-appellant.

David S. Sarkovics, Attorney for the Child, Orchard Park.

Appeal from an order of the Family Court, Erie County (Michael F. Griffith, J.), entered August 6, 2015 in a proceeding pursuant to Family Court Act article 6. The order granted the motion of the Attorney for the Child to dismiss the amended petition for modification of a prior custody order.

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

Same memorandum as in Matter of Whitney v Whitney ([appeal No. 3] 154 AD3d 1295 [2017]). Present—Centra, J.P., Carni, Lindley, Troutman and Winslow, JJ.