| IN THE MATTER OF GORDON L. HOOPER. JR., AND ERICA S. NUPP V DAVID T. GIBBONS, AND TONI GIBBONS |
| Motion No: CAF 08-00934 |
| Slip Opinion No: 2008 NYSlipOp 73787(U) |
| Decided on June 3, 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. |
PRESENT: SCUDDER, P. J., HURLBUTT, MARTOCHE, SMITH, AND CENTRA, JJ.
APPELLATE DIVISION DOCKET NO. CAF 08-00934
DOCKET NOS. V-01909-05/07A, V-01910-05/07A
| IN THE MATTER OF GORDON L. HOOPER. JR., AND ERICA S. NUPP,
PETITIONERS-APPELLANTS,
V
DAVID T. GIBBONS, AND TONI GIBBONS, RESPONDENTS-RESPONDENTS. |
Respondents-respondents having moved to dismiss the appeal taken herein from an order of the Family Court, Cattaraugus County, entered in the Office of the Clerk of said Court on June 19, 2007, on the ground that petitioners-appellants have failed to perfect the appeal timely,
Now, upon reading and filing the affidavit of Michael J. Saglimben, Esq., sworn to April 23, 2008, the notice of motion with proof of service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is dismissed on the ground that the appeal is deemed abandoned and dismissed (see 22 NYCRR 1000.12 [b]).
Entered: June 3, 2008
JOANN M. WAHL, Clerk