This memorandum is uncorrected and subject to revision before publication in the New York Reports. ----------------------------------------------------------------- No. 205 SSM 18 In the Matter of Noel Olmosperez, Appellant, v. Andrea W. Evans, &c., Respondent.

Submitted by Cynthia H. Conti-Cook and Caroline Hsu, for appellant.

Submitted by Frank Brady, for respondent.

MEMORANDUM: The order of the Appellate Division should be affirmed, without costs (see Matter of Linares v Evans, __NY3d__ [decided today]; Matter of Silmon v Travis, 95 NY2d 470, 476 [2000]).

- 1 - - 2 - No. 18 * * * * * * * * * * * * * * * * * On review of submissions pursuant to section 500.11 of the Rules, order affirmed, without costs, in a memorandum. Chief Judge Lippman and Judges Pigott, Rivera, Abdus-Salaam and Fahey concur.

Judge Stein took no part.

Decided October 22, 2015

- 2 -