Matter of Miller v Warren

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Matter of Miller v Warren 2015 NY Slip Op 07367 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: CENTRA, J.P., PERADOTTO, LINDLEY, WHALEN, AND DEJOSEPH, JJ.
977 CAF 13-01098

[*1]IN THE MATTER OF CHRISTOPHER J. MILLER, PETITIONER-APPELLANT,

v

KATHERINE D. WARREN, RESPONDENT-RESPONDENT. (APPEAL NO. 2.)



THE ABBATOY LAW FIRM, PLLC, ROCHESTER (DAVID M. ABBATOY, JR., OF COUNSEL), FOR PETITIONER-APPELLANT.

TIMOTHY P. DONAHER, PUBLIC DEFENDER, ROCHESTER (JANE I. YOON OF COUNSEL), FOR RESPONDENT-RESPONDENT.

LORENZO NAPOLITANO, ATTORNEY FOR THE CHILD, ROCHESTER.



Appeal from an order of the Family Court, Monroe County (Patricia E. Gallaher, J.), entered April 24, 2013 in a proceeding pursuant to Family Court Act article 6. The order denied and dismissed the petition to modify an amended custody order.

It is hereby ORDERED that said appeal is unanimously dismissed without costs.

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

Entered: October 9, 2015

Frances E. Cafarell

Clerk of the Court