In re Dana S.

—Crew III, J.

Appeal from an order of the Family Court of Madison County (Humphreys, J.), entered December 22, 1995, which, inter alia, in a proceeding pursuant to Family Court Act article 10, permitted petitioner to withdraw its petition.

By order entered July 28, 1994, the Family Court of Suffolk County (Friedenberg, J.) granted custody of the child who is the subject of this proceeding, Dana S., to Marie R. (hereinafter *583the maternal aunt) and her spouse. Pursuant to this custody order, the child’s paternal grandparents, Olga S. and respondent (hereinafter the grandfather), were granted…