Matter of Learn v Atwater

Matter of Learn v Atwater 2010 NY Slip Op 02341 [71 AD3d 1511] March 19, 2010 Appellate Division, Fourth Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, April 28, 2010

In the Matter of Stacy Learn, Respondent, v Linda Atwater, Appellant.

—[*1] Nathaniel L. Barone, II, Jamestown, for respondent-appellant.

Mark S. Williams, Public Defender, Olean (Heather A. Tomes of counsel), for petitioner-respondent.

Gerald M. Driscoll, Law Guardian, Olean, for Richard L.

Appeal from an order of the Family Court, Cattaraugus County (Paul B. Kelly, J.H.O.), entered August 26, 2008 in a proceeding pursuant to Family Court Act article 6. The order, among other things, awarded custody of the subject child to petitioner.

It is hereby ordered that the order so appealed from is unanimously affirmed without costs. Present—Smith, J.P., Centra, Fahey and Pine, JJ.