Sportello v. Sportello

Appeal from an order of the Family Court, Herkimer County (Anthony J. Garramone, J.H.O.), entered July 30, 2008 in a proceeding pursuant to Family Court Act article 6. The order dismissed the petition.

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

Memorandum: With respect to the order in appeal No. 1, we conclude that Family Court properly dismissed the petition seeking permission for the parties’ children to relocate with petitioner mother. At the time of the hearing on the petition, the mother did not know where she would be relocating and thus…