IN RE: DESIRAE C. HEINSLER (2017)

Supreme Court, Appellate Division, Fourth Department.

IN RE: DESIRAE C. HEINSLER, PETITIONER–APPELLANT, v. ROSEMARIE SERO, RESPONDENT–RESPONDENT.
IN RE: ROSEMARIE SERO, PETITIONER–RESPONDENT, v. DESIRAE C. HEINSLER, RESPONDENT–APPELLANT.

CAF 15–00152

Decided: February 03, 2017

PRESENT: CARNI, J.P., LINDLEY, NEMOYER, TROUTMAN, AND SCUDDER, JJ.

KELIANN M. ARGY, ORCHARD PARK, FOR PETITIONER–APPELLANT AND RESPONDENT–APPELLANT. BRIAN P. DEGNAN, BATAVIA, FOR RESPONDENT–RESPONDENT AND PETITIONER–RESPONDENT.

MEMORANDUM AND ORDER

JACQUELINE M. GRASSO, ATTORNEY FOR THE CHILDREN, BATAVIA.

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

Memorandum: We affirm for reasons stated in the decision at Family Court. We add only that, even assuming, arguendo, that the court erred in admitting in evidence a document concerning the criminal history of petitioner-respondent's husband, we conclude that the error is harmless “because the record otherwise contains ample admissible evidence to support the court's determination” (Matter of Matthews v. Matthews, 72 AD3d 1631, 1632, lv denied 15 NY3d 704).

Frances E. Cafarell

Clerk of the Court

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