MATTER OF EMANUEL T. O. M., ALSO KNOWN AS TYRESE E. M. O., ALSO KNOWN AS EMANUEL T. M., AND SASHA M.
Motion No: CAF 07-00789
Slip Opinion No: 2008 NYSlipOp 72251(U)
Decided on May 13, 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.


May 13, 2008

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

APPELLATE DIVISION DOCKET NO. CAF 07-00789
DOCKET NO. B-03575/6-06

MATTER OF EMANUEL T. O. M., ALSO KNOWN AS TYRESE E. M. O.,

ALSO KNOWN AS EMANUEL T. M., AND SASHA M.



MONROE COUNTY DEPARTMENT OF HUMAN AND HEALTH SERVICES,

PETITIONER-RESPONDENT;

TRACY O., ALSO KNOWN AS TRACY B., ALSO KNOWN AS LILY G.,

ALSO KNOWN AS TRACY O. B., ALSO KNOWN AS TRACY G., ALSO

KNOWN AS TRACY O. G., ALSO KNOWN AS TRACY G. O.,

RESPONDENT-APPELLANT.


Respondent-appellant having moved to vacate the dismissal of the appeal taken herein from an order of the Family Court, Monroe County, entered in the Office of the Clerk of said Court on March 26, 2007, and for an extension of time to perfect,

Now, upon reading and filing the affirmation of Kimberly Duguay, Esq., dated

April 22, 2008, the notice of motion with proof of service thereof, the affirmation of

Paul N. Humphrey, Esq., dated May 5, 2008, the affirmation of Charles Plovanich, Esq., dated May 9, 2008, 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 June 12, 2008, and in the event of failure to so perfect the appeal is hereby dismissed without further order, and

It is further ORDERED that if so perfected, the appeal shall be placed on the calendar for the term of Court commencing September 8, 2008.

ENTERED: May 13, 2008

JOANN M. WAHL, Clerk