Appellate Division of the Supreme Court of the State of New York January 23, 1997 (Smith v. Kalman)

Mikoll, J.

Appeal from an order of the Family Court of Clinton County (McGill, J.), entered August 31, 1995, which, inter alia, dismissed petitioner’s application, in a proceeding pursuant to Family Court Act article 6, for modification of a prior custody order.

In February 1995 petitioner sought a modification of custody of the child born out of wedlock to respondent and petitioner.