KIRKPATRICK, JESSICA LYNN v. KIRKPATRICK, RICHARD C.

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department CAF 13-00076 PRESENT: CENTRA, J.P., PERADOTTO, CARNI, LINDLEY, AND WHALEN, JJ.

IN THE MATTER OF JESSICA LYNN KIRKPATRICK, PETITIONER-APPELLANT, V MEMORANDUM AND ORDER RICHARD C. KIRKPATRICK, RESPONDENT-RESPONDENT. (APPEAL NO. 3.)

DAVID J. PAJAK, ALDEN, FOR PETITIONER-APPELLANT.

TIMOTHY R. LOVALLO, BUFFALO, FOR RESPONDENT-RESPONDENT.

MICHELE A. BROWN, ATTORNEY FOR THE CHILD, BUFFALO.

Appeal from an order of the Family Court, Erie County (Sharon M.

LoVallo, J.), entered December 13, 2012 in a proceeding pursuant to Family Court Act article 6. The order dismissed the petition.

It is hereby ORDERED that the order so appealed from is unanimously affirmed without costs.

Same Memorandum as in Matter of Kirkpatrick v Kirkpatrick ([appeal No. 1] ___ AD3d ___ [May 9, 2014]).

Entered: May 9, 2014 Frances E. Cafarell Clerk of the Court