IN THE MATTER OF THE APPLICATION OF JAMES R. GOUGH FOR THE APPOINTMENT OF A GUARDIAN FOR JEAN G. S. AN ALLEGED
Motion No: CA 08-01460
Slip Opinion No: 2008 NYSlipOp 78565(U)
Decided on July 21, 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.


July 21, 2008

DOCKET NO. CA 08-01460

IN THE MATTER OF THE APPLICATION OF JAMES R. GOUGH,

PETITIONER-RESPONDENT,

FOR THE APPOINTMENT OF A GUARDIAN FOR JEAN G. S.,

RESPONDENT, AN ALLEGED INCAPACITATED PERSON.



DIBBLE & MILLER, P.C., APPELLANT.


Respondent having moved to dismiss the appeal taken from an order of the Supreme Court entered in the Office of the Clerk of the County of Monroe on April 30, 2008, on the ground that appellant has failed to perfect timely the appeal,

Now, upon reading and filing the affidavit of Christian Valentino sworn to July 7, 2008, the notice of motion with proof of service thereof, the opposing affidavit of G. Michael Miller sworn to July 18, 2008,

It is hereby ORDERED that the motion be, and the same hereby is, granted and the appeal is dismissed without further order unless the appeal is perfected on or before September 4, 2008.

July 21, 2008

JoAnn M. Wahl, Clerk