Smith v. Maclin

—Appeal from an order of *951Family Court, Erie County (Mix, J.), entered April 26, 2000, which dismissed the petition seeking custody.

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

Memorandum: In April 2000 petitioner commenced this proceeding pursuant to Family Ct Act § 651 seeking custody of her children. Contrary to petitioner’s contention, Family Court properly dismissed the petition without conducting an evidentiary hearing. By an order entered in September 1999, the children were found to be neglected and were released to…