| Matter of Zylinski v DiNunzio |
| 2019 NY Slip Op 06341 [175 AD3d 1092] |
| August 22, 2019 |
| Appellate Division, Fourth Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| In the Matter of Charlene N. Zylinski,
Appellant, v Michael E. DiNunzio, Respondent. (Appeal No. 5.) |
Charles J. Greenberg, Amherst, for petitioner-appellant.
HoganWillig, PLLC, Amherst (Rebecca M. Kujawa of counsel), for respondent-respondent.
Kelly L. Ball, Buffalo, Attorney for the Child.
Appeal from an order of the Family Court, Erie County (Deanne M. Tripi, J.), entered January 26, 2017, in a proceeding pursuant to Family Court Act article 6. The order dismissed the petition.
It is hereby ordered that said appeal is dismissed except insofar as Charlene N. Zylinski challenges the validity of her waiver of the right to counsel, and the order is affirmed without costs.
Same memorandum as in Matter of DiNunzio v Zylinski ([appeal No. 1] 175 AD3d 1079 [4th Dept 2019]). Whalen, P.J., Peradotto and Lindley, JJ., concur.
Curran, J., dissents and votes to dismiss appeal Nos. 1-5 in the same dissenting memorandum as in Matter of DiNunzio v Zylinski ([appeal No. 1] 175 AD3d 1079 [4th Dept 2019]).
Carni, J., dissents and votes to dismiss appeal Nos. 1-5 in the same dissenting memorandum as in Matter of DiNunzio v Zylinski ([appeal No. 1] 175 AD3d 1079 [4th Dept 2019]). Present—Whalen, P.J., Peradotto, Carni, Lindley and Curran, JJ.