MATTER OF ISAAC F., TURIQ F., IYISHA F., AND IYLEAH F.
Motion No: CAF 08-00736
Slip Opinion No: 2008 NYSlipOp 82943(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.


September 9, 2008

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

APPELLATE DIVISION DOCKET NO. CAF 08-00736
DOCKET NOS. B-06198/199/200/201-06

MATTER OF ISAAC F., TURIQ F., IYISHA F., AND IYLEAH F.



MONROE COUNTY DEPARTMENT OF HUMAN SERVICES,

PETITIONER-RESPONDENT;

SONIA F., RESPONDENT-APPELLANT.


The law guardian having moved to dismiss the appeal taken herein from an order of the Family Court, Monroe County, entered in the Office of the Clerk of said Court on January 22, 2008,

Now, upon reading and filing the affirmation of Ardeth L. Houde, Esq., dated

August 6, 2008, the notice of motion with proof of service thereof, the statement of

Paul N. Humphrey, Esq., dated August 22, 2008, and due deliberation having been had thereon,

It is hereby ORDERED that the motion insofar as it seeks dismissal of the appeal as untimely taken is denied due to the absence of adequate proof of service of the order appealed from, and

It is further ORDERED that the motion insofar as it seeks dismissal of the appeal for failure to timely perfect is granted, and the appeal is dismissed.

Entered: September 9, 2008

JOANN M. WAHL, Clerk