WARME v. BANAS

948 CA 20-00963.

200 A.D.3d 1672 (2021)

155 N.Y.S.3d 854

2021 NY Slip Op 07399

Scott C. Warme, Appellant, v. Samantha M. Banas, Respondent.

Appellate Division of the Supreme Court of New York, Fourth Department.

Decided December 23, 2021.


Attorney(s) appearing for the Case

JACKSON & BALKIN, LOCKPORT ( NICHOLAS D. D'ANGELO OF COUNSEL), FOR PLAINTIFF-APPELLANT.

CAMILLE S. BROWN , NIAGARA FALLS, ATTORNEY FOR THE CHILD.

Present—Peradotto, J.P., Carni, Lindley, Winslow and Bannister, JJ.


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

Memorandum: In this divorce action, plaintiff husband appeals from an order that, inter alia, granted the cross motion of defendant wife insofar as it sought an order dismissing that portion of the complaint seeking "custody and/or visitation" with respect to the subject child. Although the order is subsumed in the final judgment of divorce subsequently entered and the appeal...

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