*1 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department 814

CAF 13-01037

PRESENT: SCUDDER, P.J., SMITH, PERADOTTO, SCONIERS, AND WHALEN, JJ. IN THE MATTER OF MELISSA A. FERRUSI,

PETITIONER-RESPONDENT,

V MEMORANDUM AND ORDER SHARIFF K. JAMES, RESPONDENT-APPELLANT.

(APPEAL NO. 2.)

EMILY A. VELLA, SPRINGVILLE, FOR RESPONDENT-APPELLANT.

SOUTHERN TIER LEGAL SERVICES, A DIVISION OF LEGAL ASSISTANCE OF WESTERN NEW YORK, INC., OLEAN (JESSICA L. ANDERSON OF COUNSEL), FOR PETITIONER-RESPONDENT.

WENDY A. TUTTLE, ATTORNEY FOR THE CHILD, ALLEGANY. Appeal from an order of the Family Court, Cattaraugus County (Michael L. Nenno, J.), entered May 24, 2013 in a proceeding pursuant to Family Court Act article 8. The order committed respondent to jail for two consecutive six month terms.

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

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

Entered: July 3, 2014 Frances E. Cafarell

Clerk of the Court