— Appeal from an order of the Family Court, Erie County (Sharon M. LoVallo, J.), entered December 13, 2012 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 Kirkpatrick v Kirkpatrick (117 AD3d 1575 [2014]).
Present — Centra, J.E, Peradotto, Carni, Lindley and Whalen, JJ.