| MATTER OF MARK W., JR. |
| Motion No: CAF 06-01064 |
| Slip Opinion No: 2007 NYSlipOp 84262(U) |
| Decided on November 19, 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 06-01064
DOCKET NO. NN-6577-03
| MATTER OF MARK W., JR. MONROE COUNTY DEPARTMENT OF
HUMAN AND HEALTH SERVICES, PETITIONER-RESPONDENT; TABITHA B., RESPONDENT, AND MARK W.,
RESPONDENT-APPELLANT. |
Respondent-appellant having moved to vacate the dismissal of the appeal taken herein from an order of the Family Court, Monroe County, entered in the Office of the Clerk of said Court on January 11, 2006, and for an extension of time to perfect,
Now, upon reading and filing the affirmation of R. Adrian Solomon, Esq., dated November 5, 2007, the notice of motion with proof of service thereof, the statement of Paul N. Humphrey, Esq., dated November 13, 2007, the statement of Karen Smith Callanan, Esq., dated November 15, 2007, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is denied with leave to renew upon the submission of a new motion that contains an affidavit demonstrating a reasonable excuse for the delay and an intent to perfect the appeal within a reasonable time, and setting forth sufficient facts to demonstrate a meritorious appeal (see 22 NYCRR 1000.13 [g]).
Entered: November 19, 2007
JOANN M. WAHL, Clerk