Barbara R. v. Fabien R.

Appeal from an order of the Family *1250Court, Erie County (Sharon M. Lo Vallo, A.J.), entered September 7, 2007 in a proceeding pursuant to Domestic Relations Law article 5-A. The order denied respondent’s motion to dismiss the petition.

It is hereby ordered that the order so appealed from is unanimously affirmed without costs (see generally Vernon v Vernon, 100 NY2d 960 [2003]). Present — Martoche, J.P., Smith, Centra, Peradotto and Green, JJ.