Matter of McDonald

Matter of Mcdonald 2016 NY Slip Op 06377 Decided on September 30, 2016 Appellate Division, Fourth Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on September 30, 2016 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department
PRESENT: SMITH, J.P., CARNI, LINDLEY, DEJOSEPH, AND SCUDDER, JJ.
810 CA 16-00023

[*1]ALISSA JOY MCDONALD. ———————————————————————— DAVID B. LANZONE, PETITIONER-APPELLANT, CHRISTOPHER S. MCDONALD, PETITIONER-RESPONDENT.

BOND, SCHOENECK & KING, PLLC, ROCHESTER (NICOLE M. MARRO OF COUNSEL), AND COHEN & GRIGSBY, P.C., PITTSBURGH, PENNSYLVANIA (CHRISTINA MCKINLEY OF COUNSEL), FOR PETITIONER-APPELLANT.

DAVIDSON FINK LLP, ROCHESTER (ROBERT G. GREENE OF COUNSEL), FOR PETITIONER-RESPONDENT.

Appeal from an order of the Surrogate's Court, Monroe County (John M. Owens, S.), entered October 13, 2015. The order, among other things, denied the petition of David B. Lanzone for property guardianship of Alissa Joy McDonald.

Now, upon reading and filing the stipulation of discontinuance signed by the attorneys for the parties on August 23, 2016,

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

Entered: September 30, 2016

Frances E. Cafarell

Clerk of the Court