| MATTER OF ERIC R. SIMONDS V TONI M. KIRKLAND |
| Motion No: CAF 08-01052 |
| Slip Opinion No: 2009 NYSlipOp 60311(U) |
| Decided on January 6, 2009 |
| 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 08-01052
DOCKET NO. V48-05/07A
| MATTER OF ERIC R. SIMONDS, PETITIONER-RESPONDENT, V TONI M.
KIRKLAND, RESPONDENT-APPELLANT. |
Respondent-appellant having moved 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 affidavit of Neal J. Mahoney, Esq., sworn to December 18, 2008, the notice of motion with proof of service thereof, the statement of Scott D. Cannon, Esq., dated December 22, 2008, and due deliberation having been had thereon
It is hereby ORDERED that the motion 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 March 5, 2009, and in the event of failure to so perfect the appeal is hereby dismissed without further order.
Entered: January 6, 2009
JOANN M. WAHL, Clerk