B., DEMITRUS, MTR. OF

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department 1114 CAF 11-01015 PRESENT: SCUDDER, P.J., CENTRA, FAHEY, PERADOTTO, AND LINDLEY, JJ.

IN THE MATTER OF DEMITRUS B., RESPONDENT-APPELLANT. ----------------------------- MEMORANDUM AND ORDER MONROE COUNTY ATTORNEY, PETITIONER-RESPONDENT. (APPEAL NO. 2.)

TANYA J. CONLEY, ATTORNEY FOR THE CHILD, ROCHESTER, FOR RESPONDENT-APPELLANT.

DAVID VAN VARICK, COUNTY ATTORNEY, ROCHESTER (TIMOTHY M. LEXVOLD OF COUNSEL), FOR PETITIONER-RESPONDENT.

Appeal from an order of the Family Court, Monroe County (Joseph G. Nesser, J.), dated August 19, 2010 in a proceeding pursuant to Family Court Act article 3. The order granted an order of protection.

It is hereby ORDERED that said appeal is unanimously dismissed without costs.

Same Memorandum as in Matter of Demitrus B. ([appeal No. 1] ___ AD3d ___ [Nov. 10, 2011]).

Entered: November 10, 2011 Patricia L. Morgan Clerk of the Court