French v. French

—Appeal from an order of Family Court, Cattaraugus County (Kelly, J.H.O.), entered January 5, 2001, which denied the motion of petitioner-respondent to dismiss the petition of respondent-petitioner.

*996It is hereby ordered that the order so appealed from be and the same hereby is unanimously reversed on the law without costs, the motion is granted and the petition is dismissed.

Memorandum: Family Court erred in denying the motion of petitioner-respondent (father) seeking to dismiss the petition of respondent-petitioner (mother) to modify the father’s visitation schedule established by the parties’…