| IN THE MATTER OF DAWN R. FRANCISCO WALTERS V REX R. FRANCISCO |
| Motion No: CAF 08-00589 |
| Slip Opinion No: 2009 NYSlipOp 60315(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 08-00589
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 December 4, 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 February 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