MATTER OF MARC A. S., III AND AMARIANA S.
Motion No: CAF 08-01935
Slip Opinion No: 2008 NYSlipOp 85833(U)
Decided on October 6, 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.


October 6, 2008

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

APPELLATE DIVISION DOCKET NO. CAF 08-01935
DOCKET NOS. B-9233-34-07

MATTER OF MARC A. S., III AND AMARIANA S.



ERIE COUNTY DEPARTMENT OF SOCIAL SERVICES,

PETITIONER-RESPONDENT;

MARC A S., RESPONDENT-APPELLANT.


The law guardian having moved to dismiss the appeal taken herein from an order of the Family Court, Erie County, entered in the Office of the Clerk of said Court on August 15, 2008, on the ground that respondent-appellant has failed to perfect the appeal timely,

Now, upon reading and filing the affirmation of Charles D. Halvorsen, Esq., dated September 15, 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 the appeal is dismissed.

Entered: October 6, 2008

JOANN M. WAHL, Clerk