from an order of the Family Court, Monroe County (Glenn R. Morton, J.H.O.), entered August 26, 2004. The order dismissed the petition to modify a temporary order of protection.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed without costs.

Same memorandum as in Matter of Kristine Z. v Anthony C. *1323(21 AD3d 1319 [2005]). Present—Scudder, J.P., Martoche, Smith, Pine and Hayes, JJ.