MATTER OF JUANITA AIKENS V KENNETH MARK NELL
Motion No: CAF 08-01179
Slip Opinion No: 2008 NYSlipOp 87761(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 08-01179
DOCKET NO. F-01472-06

MATTER OF JUANITA AIKENS, PETITIONER-RESPONDENT,

V

KENNETH MARK NELL, RESPONDENT-APPELLANT.


Respondent-appellant having applied for an extension of time to perfect the appeal taken herein from an order of the Family Court, Ontario County, entered in the Office of the Clerk of said Court on May 21, 2008,

Now, upon reading and filing the statement of Mary P. Davison, Esq., dated

October 21, 2008,

It is hereby ORDERED that the application 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 December 5, 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