MATTER OF JACALYNN C. T.
Motion No: CAF 07-01919
Slip Opinion No: 2007 NYSlipOp 81181(U)
Decided on October 16, 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.


October 16, 2007

PRESENT: HURLBUTT, P. J., GORSKI, FAHEY, PERADOTTO, AND GREEN, JJ.

APPELLATE DIVISION DOCKET NO. CAF 07-01919
DOCKET NO. B-00348-07

MATTER OF JACALYNN C. T.


MONROE COUNTY DEPARTMENT OF HUMAN SERVICES,
PETITIONER-RESPONDENT;
BILINDA S., RESPONDENT-APPELLANT, AND MARK T., RESPONDENT.
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EDWARD J. ORLANDO, ESQ., LAW GUARDIAN, APPELLANT

Appeals having been taken herein by respondent-appellant Bilinda S. and the law guardian from an order of the Family Court, Monroe County, entered in the Office of the Clerk of said Court on August 28, 2007, and the law guardian having moved to dismiss the appeal taken by Bilinda S. as untimely,

Now, upon reading and filing the affirmation of Ardeth L. Houde, Esq., dated September 25, 2007, the notice of motion with proof of service thereof, the affirmation of Drew R. DuBrin, Esq., dated October 1, 2007, the affirmation of Ardeth L Houde, Esq., dated October 9, 2007, the statement of Paul N. Humphrey, Esq., dated October 11, 2007, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is granted and the appeal taken by Bilinda S. is dismissed as untimely, and

It is further ORDERED that, on the Court's own motion, the appeal taken by the law guardian is dismissed as untimely.

ENTERED:October 16, 2007

JOANN M. WAHL, Clerk