
    In the Matter of Elaine J., Respondent, v Darrell G., Sr., Appellant.
    (Appeal No. 2.)
    [767 NYS2d 340]
   Appeal from an order of Family Court, Erie County (Rosa, J), entered June 28, 2002, which dismissed the petition for custody.

It is hereby ordered that said appeal be and the same hereby is unanimously dismissed without costs (see CPLR 5511; Matter of Michael Anthony E, 177 AD2d 1031 [1991]). Present — Pigott, Jr., PJ., Pine, Scudder, Gorski and Lawton, JJ.  