MATTER OF ERIC R. SIMONDS V TONI M. KIRKLAND
Motion No: CAF 08-01052
Slip Opinion No: 2008 NYSlipOp 88967(U)
Decided on November 12, 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.


November 12, 2008

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

APPELLATE DIVISION DOCKET NO. CAF 08-01052
DOCKET NO. V48-05/07A

MATTER OF ERIC R. SIMONDS, PETITIONER-RESPONDENT,

V

TONI M. KIRKLAND, RESPONDENT-APPELLANT.


Respondent-appellant having applied for an extension of time to perfect the appeal taken herein from an order of the Family Court, Livingston County, entered in the Office of the Clerk of said Court on April 22, 2008,

Now, upon reading and filing the statement of Neal J. Mahoney, Esq., dated

October 31, 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 January 5, 2009, and in the event of failure to so perfect the appeal is hereby dismissed without further order.

Entered: November 12, 2008

JOANN M. WAHL, Clerk