
    In the Matter of Angela M.E., Appellant, v Carlos D., Respondent.
    (Appeal No. 2.)
    [816 NYS2d 398]
   Appeal from an order of the Family Court, Erie County (Patricia A. Maxwell, J.), entered September 22, 2004 in a proceeding pursuant to Family Court Act article 6. The order dismissed the petition with prejudice and adjudged that petitioner needs permission of the court to refile.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed without costs. Present—Hurlbutt, J.P, Gorski, Martoche, Smith and Hayes, JJ.  