Appeal from an order of the Family Court, Erie County (Michael F. Griffith, A.J.), entered April 24, 2014 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 Thomas v Small ([appeal No. 1] 142 AD3d 1345 [2016]).
Present — Smith, J.P., Peradotto, DeJoseph, Troutman and Scudder, JJ.