H., KYLEE, MTR. OF ( 2012 )

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department 1081 CAF 12-00125 PRESENT: SCUDDER, P.J., CENTRA, PERADOTTO, LINDLEY, AND WHALEN, JJ. IN THE MATTER OF KYLEE H. ---------------------------------------- CATTARAUGUS COUNTY DEPARTMENT OF SOCIAL MEMORANDUM AND ORDER SERVICES, PETITIONER-RESPONDENT; TIMOTHY H., RESPONDENT-APPELLANT. (APPEAL NO. 2.) LEGAL ASSISTANCE OF WESTERN NEW YORK, INC./SOUTHERN TIER LEGAL SERVICES, OLEAN (JESSICA L. ANDERSON OF COUNSEL), FOR RESPONDENT-APPELLANT. STEPHEN J. RILEY, OLEAN, FOR PETITIONER-RESPONDENT. WENDY A. TUTTLE, ATTORNEY FOR THE CHILD, OLEAN, FOR KYLEE H. Appeal from an order of the Family Court, Cattaraugus County (Larry M. Himelein, J.), entered January 4, 2012 in a proceeding pursuant to Family Court Act article 10. The order, among other things, adjudged that respondent had neglected the subject child. It is hereby ORDERED that the order so appealed from is unanimously affirmed without costs. Same Memorandum as in Matter of Raygen D. (___ AD3d ___ [Nov. 9, 2012]). Entered: November 9, 2012 Frances E. Cafarell Clerk of the Court