MATTER OF CHRISTOPHER D. A. V DANIELLE D., CAROL D., EDWARD R. D., ANTHONY A. (DECEASED)
Motion No: CAF 06-02575
Slip Opinion No: 2007 NYSlipOp 83131(U)
Decided on November 5, 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.


November 5, 2007

PRESENT: SCUDDER, P. J., HURLBUTT, GORSKI, MARTOCHE, AND SMITH, JJ.

APPELLATE DIVISION DOCKET NO. CAF 06-02575
DOCKET NOS. V-05905-05/06A, V-05906-05/05A

MATTER OF CHRISTOPHER D. A., PETITIONER-APPELLANT,

V

DANIELLE D., CAROL D., EDWARD R. D., ANTHONY A. (DECEASED), RESPONDENTS-RESPONDENTS.


Petitioner-appellant having moved to vacate the dismissal of the appeal taken herein from an order of the Family Court, Onondaga County, entered in the Office of the Clerk of said Court on June 26, 2006,

Now, upon reading and filing the affidavit of Christopher D. A., sworn to October 19, 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 granted and petitioner-appellant shall file the original stipulated or settled record and ten briefs on the appeal, together with proof of service, on or before December 5, 2007, and in the event of failure to so perfect the appeal is hereby dismissed without further order.

Entered: November 5, 2007

JOANN M. WAHL, Clerk