Matter of Rodolph v Sou Phommavongsa, 2018 NY Slip Op 00699 [158 AD3d 1093]

February 2, 2018

Appellate Division, Fourth Department

[*1]

In the Matter of Michael R. Rodolph, Appellant, v Sou Phommavongsa, Respondent. (Appeal No. 2.)

Elizabeth Ciambrone, Buffalo, for petitioner-appellant.

Hawthorne & Vesper, PLLC, Buffalo (Tina M. Hawthorne of counsel), for respondent-respondent.

Appeal from an order of the Family Court, Erie County (Deanne M. Tripi, J.), entered June 14, 2016 in a proceeding pursuant to Family Court Act article 6. The order dismissed the petition filed on March 31, 2016.

It is hereby ordered that said appeal is unanimously dismissed without costs ( see Matter of Whitney v Whitney [appeal No. 3], 154 AD3d 1295, 1295 [4th Dept 2017]; Matter of Schultz v Schultz [appeal No. 2], 107 AD3d 1616, 1616 [4th Dept 2013]). Present—Centra, J.P., Carni, DeJoseph, NeMoyer and Troutman, JJ..