Horn v. Horn

Appeal from an order of the Family Court, Cattaraugus County (Lynn L. Hartley, J.H.O.), entered February 23, 2009 in a proceeding pursuant to Family Court Act article 6. The order granted respondent’s motion and dismissed the petition.

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

Memorandum: Petitioner mother appeals from an order dismissing, without prejudice, her petition seeking to modify a prior custody order entered upon consent of the parties. Contrary to the contention of the mother, Family Court properly granted respondent father’s motion…