Matter of Wachowiak v. Kelly

Matter of Wachowiak v Kelly (2017 NY Slip Op 04737)

Matter of Wachowiak v Kelly

2017 NY Slip Op 04737

Decided on June 9, 2017

Appellate Division, Fourth Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on June 9, 2017 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department
PRESENT: SMITH, J.P., CENTRA, PERADOTTO, LINDLEY, AND NEMOYER, JJ.

848 CAF 15-01348

[*1]IN THE MATTER OF MELANIE WACHOWIAK, PETITIONER-APPELLANT,

v

WILLIAM W. KELLY, III, RESPONDENT-RESPONDENT. (APPEAL NO. 2.)

DENIS A. KITCHEN, JR., WILLIAMSVILLE, FOR PETITIONER-APPELLANT.

VENZON LAW FIRM PC, BUFFALO (CATHARINE M. VENZON OF COUNSEL), FOR RESPONDENT-RESPONDENT.

GIOVANNI GENOVESE, ATTORNEY FOR THE CHILDREN, BUFFALO.

Appeal from an order of the Family Court, Erie County (Kevin M. Carter, J.), entered July 10, 2015 in a proceeding pursuant to Family Court Act article 6. The order dismissed the petition of Melanie Wachowiak seeking sole custody of the subject children.

It is hereby ORDERED that said appeal is unanimously dismissed without costs (see Matter of Tristyn R. [Jacqueline Z.] [appeal No. 2], 144 AD3d 1611, 1612).

Entered: June 9, 2017

Frances E. Cafarell

Clerk of the Court