IN THE MATTER OF CHERYL R. OWENS V WADE K. GARNER
Motion No: CAF 08-00088
Slip Opinion No: 2008 NYSlipOp 86973(U)
Decided on October 21, 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 21, 2008

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

APPELLATE DIVISION DOCKET NO. CAF 08-00088
DOCKET NOS. V-06983-03/07K, V-06984-03/07K

IN THE MATTER OF CHERYL R. OWENS, PETITIONER-RESPONDENT,

V

WADE K. GARNER, 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 December 12, 2007,

Now, upon reading and filing the affidavit of Sheila Sullivan Dickinson, Esq., sworn to September 29, 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 November 24, 2008, and in the event of failure to so perfect the appeal is hereby dismissed without further order.

Entered: October 21, 2008

JOANN M. WAHL, Clerk