KIRKPATRICK, JESSICA LYNN v. KIRKPATRICK, RICHARD C.

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department CAF 13-00075 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. 2.)

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, among other things, granted in part the petition for modification of a prior visitation and custody order.

It is hereby ORDERED that said appeal is unanimously dismissed 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