Matter of Herrod v Burns

Annotate this Case
Matter of Herrod v Burns 2015 NY Slip Op 07353 Decided on October 9, 2015 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 October 9, 2015 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department
PRESENT: SCUDDER, P.J., SMITH, CENTRA, PERADOTTO, AND CARNI, JJ.
906 CAF 14-01148

[*1]IN THE MATTER OF ROBERT J. HERROD, PETITIONER-RESPONDENT,

v

GRETCHEN R. BURNS, RESPONDENT-APPELLANT. (APPEAL NO. 3.)



SUSAN JAMES, WATERLOO, FOR RESPONDENT-APPELLANT.

TERRENCE BAXTER, CORNING, FOR PETITIONER-RESPONDENT.

WENDY S. SISSON, ATTORNEY FOR THE CHILDREN, GENESEO.



Appeal from an order of the Family Court, Allegany County (Thomas P. Brown, J.), entered May 15, 2014 in a proceeding pursuant to Family Court Act article 6. The order granted sole custody of the parties' children to Robert J. Herrod with visitation to Gretchen R. Burns.

It is hereby ORDERED that the order so appealed from is unanimously affirmed without costs.

Same memorandum as in Matter of Burns v Herrod ([appeal No. 1] ___ AD3d ___ [Oct. 9, 2015]).

Entered: October 9, 2015

Frances E. Cafarell

Clerk of the Court