Matter of Montalbano v Babcock
2017 NY Slip Op 08118 [155 AD3d 1635]
November 17, 2017
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, January 3, 2018


[*1]
 In the Matter of Rachel A. Montalbano, Respondent, v Gregory F. Babcock, Appellant. (Appeal No. 1.)

Davis Law Office, PLLC, Oswego (Stephanie N. Davis of counsel), for respondent-appellant.

D.J. & J.A. Cirando, Esqs., Syracuse (Elizabeth DeV. Moeller of counsel), for petitioner-respondent.

Courtney S. Radick, Attorney for the Child, Oswego.

Appeal from an order of the Family Court, Oswego County (Thomas Benedetto, R.), entered July 12, 2016 in a proceeding pursuant to Family Court Act article 6. The order, among other things, awarded petitioner sole legal custody of the subject child.

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

Same memorandum as in Matter of Montalbano v Babcock ([appeal No. 2] 155 AD3d 1636 [2017]). Present—Whalen, P.J., Centra, Lindley, Troutman and Winslow, JJ.