*1 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department 905

CAF 14-01147

PRESENT: SCUDDER, P.J., SMITH, CENTRA, PERADOTTO, AND CARNI, JJ. IN THE MATTER OF GRETCHEN R. BURNS, PETITIONER-APPELLANT,

V MEMORANDUM AND ORDER ROBERT J. HERROD, RESPONDENT-RESPONDENT.

(APPEAL NO. 2.)

SUSAN JAMES, WATERLOO, FOR PETITIONER-APPELLANT.

TERRENCE J. BAXTER, CORNING, FOR RESPONDENT-RESPONDENT.

WENDY S. SISSON, ATTORNEY FOR THE CHILDREN, GENESEO. Appeal from an order of the Family Court, Allegany County (Thomas P. Brown, J.), entered May 15, 2014 in a proceeding pursuant to Family Court Act article 6. The order dismissed the petition for a modification of custody and visitation.

It is hereby ORDERED that the order so appealed from is unanimously affirmed without costs.

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

Entered: October 9, 2015 Frances E. Cafarell

Clerk of the Court