*1 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department 706

CAF 13-00135

PRESENT: SCUDDER, P.J., SMITH, CARNI, LINDLEY, AND WHALEN, JJ. IN THE MATTER OF ANDREA J. MORGIA,

PETITIONER-APPELLANT,

V MEMORANDUM AND ORDER THOMAS E. HORNING, RESPONDENT-RESPONDENT.

(APPEAL NO. 3.)

LINDA M. CAMPBELL, SYRACUSE, FOR PETITIONER-APPELLANT.

KRYSTAL M. HARRINGTON, ATTORNEY FOR THE CHILD, LOWVILLE.

SCOTT A. OTIS, ATTORNEY FOR THE CHILD, WATERTOWN.

Appeal from an order of the Family Court, Jefferson County (Peter A. Schwerzmann, A.J.), entered December 17, 2012 in a proceeding pursuant to Family Court Act article 6. The order dismissed the petition.

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

Same Memorandum as in Matter of Morgia v Horning ([appeal No. 1] ___ AD3d ___ [July 3, 2014]).

Entered: July 3, 2014 Frances E. Cafarell

Clerk of the Court