MATTER OF THE ADOPTION OF PATRICK
Motion No: CAF 07-00887
Slip Opinion No: 2007 NYSlipOp 84266(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.


November 19, 2007

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

APPELLATE DIVISION DOCKET NO. CAF 07-00887
DOCKET NO. A-2808-05

MATTER OF THE ADOPTION OF PATRICK



WILL B. AND ROSE ANN B., PETITIONERS-RESPONDENTS;

KRIS D., RESPONDENT-APPELLANT.


Respondent-appellant having moved to vacate the dismissal of the appeal taken herein from an order of the Family Court, Chautauqua County, entered in the Office of the Clerk of said Court on April 9, 2007, and for an extension of time to perfect,

Now, upon reading and filing the affirmations of John A. Herbowy, Esq., dated November 5, 2007, and November 7, 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 respondent-appellant shall file the original stipulated or settled record and ten briefs on the appeal, together with proof of service, on or before December 31, 2007, and in the event of failure to so perfect the appeal is hereby dismissed without further order.

Entered: November 19, 2007

JOANN M. WAHL, Clerk