Benson v. Smith

Full title: IN THE MATTER OF JESSICA W. BENSON, PETITIONER-RESPONDENT, v. JAMES T…

Court: SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department

Date published: Mar 22, 2019

2019 N.Y. Slip Op. 2222 (N.Y. App. Div. 2019)

Opinion

298 CAF 18-00746

03-22-2019

IN THE MATTER OF JESSICA W. BENSON, PETITIONER-RESPONDENT, v. JAMES T. SMITH, RESPONDENT-APPELLANT. (APPEAL NO. 2.)

DAVISON LAW OFFICE PLLC, CANANDAIGUA (MARK C. DAVISON OF COUNSEL), FOR RESPONDENT-APPELLANT. RAYMOND P. KOT, II, WILLIAMSVILLE, FOR PETITIONER-RESPONDENT. MARYBETH D. BARNET, MIDDLESEX, ATTORNEY FOR THE CHILD.

SMITH, J.P., CARNI, LINDLEY, NEMOYER, AND CURRAN, JJ.

PRESENT:

DAVISON LAW OFFICE PLLC, CANANDAIGUA (MARK C. DAVISON OF COUNSEL), FOR RESPONDENT-APPELLANT.

RAYMOND P. KOT, II, WILLIAMSVILLE, FOR PETITIONER-RESPONDENT.

MARYBETH D. BARNET, MIDDLESEX, ATTORNEY FOR THE CHILD.

Appeal from an order of the Family Court, Steuben County (Mathew K. McCarthy, A.J.), entered April 12, 2018 in a proceeding pursuant to Family Court Act article 6. The order, among other things, awarded petitioner sole custody and placement of the subject child.

It is hereby ORDERED that the case is held, the decision is reserved and the matter is remitted to Family Court, Steuben County, for further proceedings in accordance with the same memorandum as in Matter of Benson v Smith ([appeal No. 1] — AD3d — [Mar. 22, 2019] [4th Dept 2019]).

Entered: March 22, 2019

Mark W. Bennett

Clerk of the Court