Fuss v. Niceforo (244 A.D.2d 859, 1997)

—Order unanimously affirmed without costs. Same Memorandum as in Matter of Fuss v Niceforo (244 AD2d 858 [decided herewith]). (Appeal from Order of Erie County Family Court, Szczur, J.— Custody.) Present—Pine, J. P., Hayes, Wisner, Callahan and Doerr, JJ.