
    [985 NE2d 423, 961 NYS2d 828]
    In the Matter of Willard Saperston, Appellant, v Heather Holdaway, Respondent.
    Decided February 19, 2013
    APPEARANCES OF COUNSEL
    
      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.
   OPINION OF THE COURT

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).

Concur: Chief Judge Lippman and Judges Graffeo, Read, Smith and Pigott. Judge Rivera taking no part.  