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In the Matter of Willard SAPERSTON, Appellant, v. Heather HOLDAWAY, Respondent.

Phillips Lytle LLP, Buffalo (Michael B. Powers of counsel), for appellant. Peter C. Lomtevas, Esq., P.C., Brooklyn (Peter C. Lomtevas of counsel), for respondent.
Bouvier Partnership, LLP, Buffalo (Emilio L. Colaiacovo of counsel), Attorney for the Child.


On review of submissions pursuant to section 500.11 of the Rules, of the Court of Appeals (22 NYCRR 500.11), appeal dismissed, without costs, upon the ground that the two-justice dissent at the Appellate Division is not on a question of law within the meaning of CPLR 5601(a).

Chief Judge LIPPMAN and Judges GRAFFEO, READ, SMITH and PIGOTT concur. Judge RIVERA took no part.
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Saperston v. Holdaway
(Feb 19, 2013)