— Appeal from an order of the Family Court, Ontario County (Craig J. Doran, J.), entered May 5, 2009 in a proceeding pursuant to Family Court Act article 6. The order denied the petition seeking custody of the subject child.
It is hereby ordered that the order so appealed from is unanimously affirmed without costs.
Same memorandum as in Matter of Beth M. v Susan T. (81 AD3d 1396 [2011]). Present — Centra, J.P., Fahey, Peradotto, Sconiers and Gorski, JJ.