GERALD SCHMITT PLAINTIFF APPELLANT v. APPEAL NO

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Supreme Court, Appellate Division, Fourth Department, New York.

GERALD SCHMITT, PLAINTIFF–APPELLANT, v. SANDRA SCHMITT, DEFENDANT–RESPONDENT. (APPEAL NO. 3.)

CA 12–01489

Decided: June 14, 2013

PRESENT:  CENTRA, J.P., FAHEY, CARNI, WHALEN, AND MARTOCHE, JJ. KUSTELL LAW GROUP, LLP, BUFFALO (CARL B. KUSTELL OF COUNSEL), FOR PLAINTIFF–APPELLANT.

ORDER

MARY ANNE CONNELL, ATTORNEY FOR THE CHILD, BUFFALO.

It is hereby ORDERED that said appeal is unanimously dismissed without costs (see CPLR 5511;  Johnson v. McFadden Ford, 278 A.D.2d 907).

Frances E. Cafarell

Clerk of the Court