| Matter of Benson v Smith |
| 2019 NY Slip Op 02222 [170 AD3d 1641] |
| March 22, 2019 |
| Appellate Division, Fourth Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| In the Matter of Jessica W. Benson,
Respondent, v James T. Smith, Appellant. (Appeal No. 2.) |
Davison Law Office PLLC, Canandaigua (Mark C. Davison of counsel), for respondent-appellant.
Raymond P. Kot, II, Williamsville, for petitioner-respondent.
Marybeth D. Barnet, Middlesex, Attorney for the Child.
Appeal from an order of the Family Court, Steuben County (Mathew K. McCarthy, A.J.), entered April 12, 2018, in a proceeding pursuant to Family Court Act article 6. The order, among other things, awarded petitioner sole custody and placement of the subject child.
It is hereby ordered that the case is held, the decision is reserved and the matter is remitted to Family Court, Steuben County, for further proceedings in accordance with the same memorandum as in Matter of Benson v Smith ([appeal No. 1] 170 AD3d 1640 [4th Dept 2019]). Present—Smith, J.P., Carni, Lindley, NeMoyer and Curran, JJ.