MATTER OF LATEESHA MCELRATH V TOMMIE WIMBERLY III
Motion No: CAF 07-02719
Slip Opinion No: 2008 NYSlipOp 71399(U)
Decided on April 30, 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.


April 30, 2008

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

APPELLATE DIVISION DOCKET NO. CAF 07-02719
DOCKET NO. F-15745-02/06C

MATTER OF LATEESHA MCELRATH, PETITIONER-RESPONDENT,

V

TOMMIE WIMBERLY III, RESPONDENT-APPELLANT.


Respondent-appellant having applied for an extension of time to perfect the appeal taken herein from an order of the Family Court, Erie County, entered in the Office of the Clerk of said Court on November 30, 2007,

Now, upon reading and filing the statement of David J. Pajak, Esq., dated

April 29, 2008,

It is hereby ORDERED that the application 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 July 1, 2008, and in the event of failure to so perfect the appeal is hereby dismissed without further order.

Entered: April 30, 2008

JOANN M. WAHL, Clerk