MATTER OF MINDY L. HOWARD AND STEVE W. HOWARD V SHIRLEY MCLOUGHLIN
Motion No: CAF 08-00957
Slip Opinion No: 2008 NYSlipOp 89492(U)
Decided on November 17, 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 17, 2008

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

APPELLATE DIVISION DOCKET NO. CAF 08-00957
DOCKET NO. V-00353-99/07M

MATTER OF MINDY L. HOWARD, PETITIONER-APPELLANT, AND

STEVE W. HOWARD, PETITIONER,

V

SHIRLEY MCLOUGHLIN, RESPONDENT-RESPONDENT.


Petitioner-appellant having moved to vacate the dismissal of the appeal taken herein from an order of the Family Court, Oswego County, entered in the Office of the Clerk of said Court on April 8, 2008, and for an extension of time to perfect,

Now, upon reading and filing the affidavit of Rebecca A. Crance, Esq., sworn to November 3, 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 petitioner-appellant shall file the original stipulated or settled record and ten briefs on the appeal, together with proof of service, on or before December 17 , 2008, and in the event of failure to so perfect the appeal is hereby dismissed without further order.

Entered: November 17, 2008

JOANN M. WAHL, Clerk