| IN THE MATTER OF DAWN R. FRANCISCO WALTERS V REX R. FRANCISCO |
| Motion No: CAF 08-00589 |
| Slip Opinion No: 2008 NYSlipOp 90364(U) |
| Decided on November 24, 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. |
PRESENT: SCUDDER, P. J., HURLBUTT, MARTOCHE, SMITH, AND CENTRA, JJ.
APPELLATE DIVISION DOCKET NO. CAF 08-00589
DOCKET NOS. V-00146-00/07AB, V-00146-00/07AC
| IN THE MATTER OF DAWN R. FRANCISCO WALTERS,
PETITIONER-APPELLANT, V REX R. FRANCISCO, RESPONDENT-RESPONDENT. |
Petitioner-appellant having moved to vacate the dismissal of the appeal taken herein from an order of the Family Court, Allegany County, entered in the Office of the Clerk of said Court on December 19, 2007,
Now, upon reading and filing the affirmation of Greg T. Rinckey, Esq., dated November 4, 2008, the notice of motion with proof of service thereof, the affidavit of Rex Francisco, sworn to November 18, 2008, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is denied with leave to renew upon the submission of a new motion that is supported by an affidavit demonstrating a reasonable excuse for the delay and an intent to perfect the appeal within a reasonable time, and setting forth sufficient facts to demonstrate a meritorious appeal (see 22 NYCRR 1000.13 [g]).
Entered: November 24, 2008
JOANN M. WAHL, Clerk