MATTER OF ELISE W.
Motion No: CAF 08-00679
Slip Opinion No: 2008 NYSlipOp 75990(U)
Decided on June 25, 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.


June 25, 2008

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

APPELLATE DIVISION DOCKET NO. CAF 08-00679
DOCKET NO. B-10861-07

MATTER OF ELISE W.



ERIE COUNTY DEPARTMENT OF SOCIAL SERVICES,

PETITIONER-RESPONDENT;

JOSEPH W., RESPONDENT-APPELLANT.


The law guardian having moved to dismiss the appeal taken herein from an order of the Family Court, Erie County, entered in the Office of the Clerk of said Court on February 29, 2008, on the ground that respondent-appellant has failed to perfect the appeal timely,

Now, upon reading and filing the affirmation of Charles D. Halvorsen, Esq., dated June 9, 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 was dismissed by order of this Court entered June 17, 2008.

Entered: June 25, 2008

JOANN M. WAHL, Clerk