Matter of Hutson v Hutson

Matter of Hutson v Hutson 2010 NY Slip Op 01170 [70 AD3d 1382] February 11, 2010 Appellate Division, Fourth Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, March 31, 2010

In the Matter of Patrick J. Hutson, Appellant, v Stacy M. Hutson, Respondent.

—[*1] Susan Gray Jones, Canandaigua, for petitioner-appellant.

Muehe and Newton, LLP, Canandaigua (George F. Newton of counsel), for respondent-respondent.

Marybeth D. Barnet, Law Guardian, Canandaigua, for Gracie R.H. and Alyssa M.H.

Appeal from an order of the Family Court, Ontario County (William F. Kocher, J.), entered February 11, 2009 in a proceeding pursuant to Family Court Act article 6. The order dismissed the petition.

Now, upon reading and filing the stipulation of discontinuance signed by petitioner on January 13, 2010, the attorneys for the parties on January 21 and 22, 2010, and the Law Guardian on January 22, 2010, it is hereby ordered that said appeal is unanimously dismissed without costs upon stipulation. Present—Smith, J.P., Carni, Pine and Gorski, JJ.