IN THE MATTER OF MARION DIGNEY PEER AS PURSUANT TO ARTICLE 81 OF THE MENTAL HYGIENE LAW FOR THE APPOINTMENT OF A

IN THE MATTER OF MARION DIGNEY PEER AS PURSUANT TO ARTICLE 81 OF THE MENTAL HYGIENE LAW FOR THE APPOINTMENT OF A

Motion No: CA 07-02308

Slip Opinion No: 2007 NYSlipOp 85436(U)

Decided on December 4, 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.

December 4, 2007

DOCKET NO. CA 07-02308

IN THE MATTER OF MARION DIGNEY PEER AS PETITIONER PURSUANT
TO ARTICLE 81 OF THE MENTAL HYGIENE LAW FOR THE APPOINTMENT
OF A GUARDIAN OF THE PERSON AND PROPERTY OF BERYL R. D., AN
ALLEGED INCAPACITATED PERSON, PETITIONER-RESPONDENT-RESPONDENT,
V
KEVIN A. DIGNEY, RESPONDENT-PETITIONER-APPELLANT.

Respondent having moved to dismiss the appeal taken from an order of the Supreme Court entered in the Office of the Clerk of the County of Onondaga on July 26, 2007, on the ground that appellant has failed to perfect timely the appeal,

Now, upon reading and filing the affidavit of James F. Dwyer sworn to

November 1, 2007, the notice of motion with proof of service thereof,

It is hereby ORDERED that the motion be, and the same hereby is, granted, and the appeal is dismissed without costs.

Entered: December 4, 2007

JoAnn M. Wahl, Clerk