MATTER OF LILIAN I., RITTA U., WINNIE M., AND YVETTE S.
Motion No: CAF 07-02204
Slip Opinion No: 2008 NYSlipOp 80628(U)
Decided on August 18, 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.


August 18, 2008

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

APPELLATE DIVISION DOCKET NO. CAF 07-02204
DOCKET NO. B-10469-72-06

MATTER OF LILIAN I., RITTA U., WINNIE M., AND YVETTE S.



ERIE COUNTY DEPARTMENT OF SOCIAL SERVICES,

PETITIONER-RESPONDENT;

FRANK B., RESPONDENT-APPELLANT.


Respondent-appellant having moved to vacate the dismissal of the appeal taken herein from an order of the Family Court, Erie County, entered in the Office of the Clerk of said Court on September 26, 2007,

Now, upon reading and filing the affirmation of Evelyne A. O'Sullivan, Esq., dated July 22, 2008, the notice of motion with proof of service thereof, the affirmation of Charles D. Halvorsen, Esq., dated July 24, 2008, the affirmation of Evelyne A. O'Sullivan, Esq., dated July 28, 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 September 10, 2008, and in the event of failure to so perfect the appeal is hereby dismissed without further order.

Entered: August 18, 2008

JOANN M. WAHL, Clerk