PRESENT: SCUDDER, P. J., HURLBUTT, PERADOTTO, AND GORSKI, JJ.

APPELLATE DIVISION DOCKET NO. CAF 07-01584
DOCKET NOS. V-00558-05/06A, V-00558-05/06B,
V-00331-98/06D, V-00331-98/06E, NN-00562-05/06A

IN THE MATTER OF MARIA L. C., PETITIONER-APPELLANT, V PEDRO L. C., SR., RESPONDENT-RESPONDENT.

The law guardian for Ryan L. having moved to dismiss the appeal taken herein from an order of the Family Court, Livingston County, entered in the Office of the Clerk of said Court on July 11, 2007,

Now, upon reading and filing the affirmation of Charles Plovanich, Esq., dated November 19, 2008, the notice of motion with proof of service thereof, the affidavit of Neal J. Mahoney, Esq., sworn to November 26, 2008, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is granted and the appeal is dismissed unless petitioner-appellant serves one copy of the record on appeal and her brief upon the law guardian for Ryan L., and files proof of service with the Court, on or before December 18, 2008 (see CPLR § 5520 [a]), and

It is further ORDERED that upon timely receipt by the Court of such proof of service, the scheduling order entered herein shall be amended to provide that the appeal be placed on the calendar for the term of Court commencing February 23, 2009, and

It is further ORDERED that if petitioner-appellant timely serves the record on appeal and her brief and timely files proof of service as provided herein, the law guardian for Ryan L. shall file ten copies of his brief with the Court, together with proof of service, on or before January 22, 2009.

Entered: December 8, 2008

JOANN M. WAHL, Clerk