*1 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department 162

CAF 10-01751

PRESENT: SMITH, J.P., CARNI, SCONIERS, GREEN, AND GORSKI, JJ. IN THE MATTER OF PAMELA COULDERY,

PETITIONER-RESPONDENT-APPELLANT,

V ORDER ROBERT COULDERY,

RESPONDENT-PETITIONER-RESPONDENT.

VENZON LAW FIRM PC, BUFFALO (CATHARINE M. VENZON OF COUNSEL), FOR PETITIONER-RESPONDENT-APPELLANT.

CLAYTON & BERGEVIN, NIAGARA FALLS (MICHELE G. BERGEVIN OF COUNSEL), FOR RESPONDENT-PETITIONER-RESPONDENT.

NICHOLAS A. PELOSINO, JR., ATTORNEY FOR THE CHILD, NIAGARA FALLS, FOR TYLER E.C. Appeal from an order of the Family Court, Niagara County (David E. Seaman, J.), entered November 10, 2009 in a proceeding pursuant to Family Court Act article 6. The order, among other things, adjudged that respondent Robert Couldery shall have sole custody of the subject child.

It is hereby ORDERED that the order so appealed from is unanimously affirmed without costs for reasons stated in the decision at Family Court.

Entered: February 10, 2011 Patricia L. Morgan

Clerk of the Court