Appellate Division of the Supreme Court of the State of New York December 7, 2000 (Rose v. Walrad)

Mugglin, J.

Appeal from an order of the Family Court of Tompkins County (Barrett, J.), entered April 1, 1999, which dismissed petitioners’ application, in a proceeding pursuant to Family Court Act article 6, for modification of a prior order of custody.

Petitioner Deborah Rose* is the biological unwed mother of a child born in 1997. Petitioner Matthew Ashcraft is the alleged father of the child.