Matter of Rodolph v Sou Phommavongsa, 2018 NY Slip Op 00698 [158 AD3d 1092]

February 2, 2018

Appellate Division, Fourth Department

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In the Matter of Michael R. Rodolph, Appellant, v Sou Phommavongsa, Respondent. (Appeal No. 1.)

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 granted respondent’s motion to dismiss the petition, which was 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..