MATTER OF LATEESHA MCELRATH V TOMMIE WIMBERLY III
Motion No: CAF 07-02719
Slip Opinion No: 2008 NYSlipOp 79056(U)
Decided on July 23, 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 23, 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 moved 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 affirmation of David J. Pajak, Esq., dated

June 27, 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 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 September 22, 2008, and in the event of failure to so perfect the appeal is hereby dismissed without further order.

Entered: July 23, 2008

JOANN M. WAHL, Clerk