| MATTER OF THOMAS S. V STEPHANIE S. |
| Motion No: APPELLATE CAF 05-00005 |
| Slip Opinion No: 2007 NYSlipOp 81196(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. |
PRESENT: SCUDDER, P. J., HURLBUTT, MARTOCHE, FAHEY, AND PINE, JJ.
APPELLATE DOCKET NO. CAF 05-00005
DOCKET NO. V-859-93/03B
| MATTER OF THOMAS S., PETITIONER-RESPONDENT, V STEPHANIE S., RESPONDENT-APPELLANT. |
The law guardian having moved to dismiss the appeal taken herein from an order of the Family Court, Cattaraugus County, entered in the Office of the Clerk of said Court on August 20, 2004, on the ground that respondent-appellant has failed to perfect the appeal timely,
Now, upon reading and filing the affidavit of Mary Anne Connell, Esq., sworn to September 4, 2007, the notice of motion with proof of service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is dismissed as unnecessary on the ground that the appeal is deemed abandoned and dismissed (see 22 NYCRR 1000.12 [b]).
ENTERED:October 16, 2007
JOANN M. WAHL, Clerk