| MATTER OF ONTARIO COUNTY DEPARTMENT OF SOCIAL SERVICES, ON BEHALF OF SARAH B. THOMPSON V MARCUS A. THOMPSON. |
| Motion No: CAF 08-00599 |
| Slip Opinion No: 2008 NYSlipOp 82346(U) |
| Decided on September 9, 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, GREEN, AND GORSKI, JJ.
APPELLATE DIVISION DOCKET NO. CAF 08-00599
DOCKET NO. F-00198-01/07F
| MATTER OF ONTARIO COUNTY DEPARTMENT OF SOCIAL SERVICES, ON BEHALF OF
SARAH B. THOMPSON, PETITIONER-RESPONDENT, V MARCUS A. THOMPSON., RESPONDENT-APPELLANT. |
An appeal having been taken herein from an order of the Family Court, Ontario County, entered in the Office of the Clerk of said Court on February 15, 2008, and respondent-appellant having moved for an extension of the stay granted by order of the Hon. Robert J. Lunn, Associate Justice, dated June 17, 2008, for an extension of time to perfect and for an order permitting substituted service,
Now, upon reading and filing the affidavit of Bruce A. Rosekrans, Esq., sworn to August 15, 2008, the notice of motion with proof of service thereof, the statement of Mary Walpole Lightsey, Esq., dated September 2, 2008, and due deliberation having been had thereon,
It is hereby ORDERED that the motion insofar as it seeks an extension of the stay is granted on condition that the appeal be perfected on or before October 9, 2008, and, if so perfected, the appeal shall be placed on the calendar for the term of Court commencing December 1, 2008, and
It is further ORDERED that the motion insofar as it seeks an extension of time to perfect 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 October 9, 2008, and in the event of failure to so perfect the appeal is hereby dismissed without further order, and
It is further ORDERED that the motion insofar as it seeks an order permitting substituted service is granted to the extent that service of papers upon petitioner-respondent shall be accomplished by both filing with the Clerk of this Court pursuant to CPLR 2103 (d), and service upon the Clerk of Ontario County Family Court, 27 North Main Street, Room 130, Canandaigua, New York 14424.
Entered: September 9, 2008
JOANN M. WAHL, Clerk