In the Matter of Nathon O. an Infant. Michael P.; David Q



In the Matter of Nathon O. an Infant. Michael P.; David Q
Motion No: 503810
Slip Opinion No: 2008 NYSlipOp 68501(U)
Decided on April 1, 2008
Appellate Division, Third 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.



Decided and Entered: April 1, 2008

Case # 503810


In the Matter of NATHON O.,
an Infant.
MICHAEL P.,

Respondent;
DAVID Q.,

Appellant.
(And Two Other Related Proceedings.)


DECISION AND ORDER
ON MOTION

Motion to vacate order.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the motion is granted, without costs, the order entered January 16, 2008 is vacated and the appeal is dismissed unless appellant shall file and serve his record on appeal and brief on or before May 16, 2008, in which event the motion to dismiss the appeal is denied.
CARDONA, P.J., PETERS, SPAIN, ROSE and LAHTINEN, JJ., concur.
ENTER:



Michael J. Novack
Clerk of the Court