Matter of Gary Barnes v Patricia Mason

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Matter of Barnes v Mason 2005 NY Slip Op 00690 [15 AD3d 1016] Decided on February 4, 2005 Appellate Division, Fourth Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law ยง 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on February 4, 2005
SUPREME COURT OF THE STATE OF NEW YORK
Appellate Division, Fourth Judicial Department
PRESENT: GREEN, J.P., HURLBUTT, SCUDDER, LAWTON, AND HAYES, JJ.
34 CAF 04-00029

[*1]MATTER OF GARY BARNES, PETITIONER-APPELLANT, ORDER

v

PATRICIA MASON, RESPONDENT-RESPONDENT. (APPEAL NO. 2.)


Appeal from an order of the Family Court, Erie County (Marjorie C. Mix, J.H.O.), entered December 19, 2003 in a proceeding pursuant to Family Court Act article 6. The order dismissed without prejudice the petition seeking custody.


EVELYNE A. O'SULLIVAN, BUFFALO, FOR PETITIONER-APPELLANT.
ALAN BIRNHOLZ, E. AMHERST, FOR RESPONDENT-RESPONDENT.



It is hereby ORDERED that the order so appealed from be and the same hereby is unanimously affirmed without costs.
Entered: February 4, 2005
JoAnn M. Wahl
Clerk of the Court

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