| MATTER OF EDWIN G. V NORA B. |
| Motion No: CAF 07-00708 |
| Slip Opinion No: 2007 NYSlipOp 79900(U) |
| Decided on October 3, 2007 |
| Appellate Division, Fourth Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
PRESENT: SCUDDER, P. J., HURLBUTT, GORSKI, MARTOCHE, AND SMITH, JJ.
APPELLATE DIVISION DOCKET NO. CAF 07-00708
DOCKET NO. F-01034-96/06B
| MATTER OF EDWIN G., PETITIONER-APPELLANT, V NORA B., RESPONDENT-RESPONDENT. |
Petitioner-appellant having moved to vacate the dismissal of the appeal taken herein from an order of the Family Court, Cattaraugus County, entered in the Office of the Clerk of said Court on December 4, 2006, and for an extension of time to perfect,Now, upon reading and filing the affidavit of Edwin G., sworn to August 28, 2007, the notice of motion with proof of service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that the motion insofar as it seeks to vacate the dismissal of the appeal is dismissed as unnecessary, and
It is further ORDERED that the motion insofar as it seeks an extension of time to perfect is granted and petitioner-appellant shall file the original and ten copies of the stipulated or settled record and ten briefs on the appeal, together with proof of service, on or before December 3, 2007, and in the event of failure to so perfect the appeal is hereby dismissed without further order.
Entered: October 3, 2007
JOANN M. WAHL, Clerk