MATTER OF KRISTIN R. H. V ROBERT E. H.
Motion No: CAF 07-02006
Slip Opinion No: 2008 NYSlipOp 60712(U)
Decided on January 8, 2008
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.


January 8, 2008

PRESENT: SCUDDER, P. J., HURLBUTT, LUNN, GREEN, AND GORSKI, JJ.

APPELLATE DIVISION DOCKET NO. CAF 07-02006
DOCKET NOS. V-02705-02706-06

MATTER OF KRISTIN R. H., PETITIONER-APPELLANT,

V

ROBERT E. H., RESPONDENT-RESPONDENT.


Respondent-respondent having moved to dismiss the appeal taken herein from an order of the Family Court, Chautauqua County, entered in the Office of the Clerk of said Court on July 10, 2007, on the ground that the appeal was not timely taken,

Now, upon reading and filing the affidavit of Robert E. H., sworn to November 27, 2007, the notice of motion with proof of service thereof, the affirmation of David J. Chrispell, Esq., dated December 13, 2007, the affidavit of Charles Edward Fagan, Esq., sworn to December 13, 2007, the affidavit of Kristin R. H., sworn to December 13, 2007, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is denied.

ENTERED: January 8, 2008

JOANN M. WAHL, Clerk