McDermott v. Berolzheimer

Appeals (1) from an order of the Family Court of Albany County (Maney, J.), entered June 29, 1993, which denied respondent’s motion to dismiss the petition, and (2) from that part of a judgment of said court, entered June 29, 1993, which granted petitioner’s application, in a proceeding pursuant to Family Court Act article 6, for joint custody of the parties’ minor child.

Initially, we reject the contention that Family Court was compelled to grant respondent’s motion to dismiss the custody petition because of petitioner’s failure to submit a proposed order within 30 days following Family…