Matter of Heidrick v Sherman
2018 NY Slip Op 06668 [165 AD3d 1630]
October 5, 2018
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, November 28, 2018


[*1]
 In the Matter of John Heidrick, III, Appellant,
v
Angela Sherman, Respondent.

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

Joan Merry, Hornell, Attorney for the Children.

Appeal from an order of the Family Court, Steuben County (Mathew K. McCarthy, A.J.), entered September 27, 2016, in a proceeding pursuant to Family Court Act article 6. The order dismissed the petition.

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

Memorandum: We affirm the order. We write only to note that the children's positions with respect to custody were clarified during oral argument of this appeal, and we conclude that the Attorney for the Children has fulfilled her responsibilities as set forth in 22 NYCRR 7.2 (d) (cf. Matter of Brian S. [Tanya S.], 141 AD3d 1145, 1147 [4th Dept 2016]; Matter of Mark T. v Joyanna U., 64 AD3d 1092, 1095 [3d Dept 2009], lv denied 15 NY3d 715 [2010]). Present—Centra, J.P., Carni, NeMoyer, Troutman and Winslow, JJ.