Matter of Saperston v Holdaway

Feb 19, 2013
85 SSM 49
Versions:20 NY3d 1052
2013 NY Slip Op 01020

Decided February 19, 2013

Matter of Saperston v Holdaway, 93 AD3d 1271, appeal dismissed.

APPEARANCES OF COUNSEL

Phillips Lytle LLP, Buffalo (Michael B. Powers of counsel), for appellant.

Peter C. Lomtevas, Esq., P.C., Brooklyn (Peter C. Lomtevas of counsel), for respondent.

Bouvier Partnership, LLP, Buffalo (Emilio L. Colaiacovo of counsel), Attorney for the Child.

OPINION OF THE COURT

On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals (22 NYCRR 500.11), appeal dismissed, without costs, upon the ground that the two-Justice dissent at the Appellate Division is not on a question of law within the meaning of CPLR 5601 (a).

Concur: Chief Judge Lippman and Judges Graffeo, Read, Smith and Pigott. Judge Rivera taking no part.