— Appeal from an order of the Family Court, Erie County (Marjorie C. Mix, J.H.O.), entered April 23, 2009 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.
Same memorandum as in Matter of Rousseau v Kraft (72 AD3d 1643 [2010]). Present — Smith, J.P., Carni, Lindley, Sconiers and Pine, JJ.