IN THE MATTER OF CHERYL R. OWENS, - V WADE K. GARNER
Motion No: CAF 08-00088
Slip Opinion No: 2009 NYSlipOp 60780(U)
Decided on January 13, 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.


January 13, 2009

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

APPELLATE DIVISION DOCKET NO. CAF 08-00088
DOCKET NOS. V-06983-03/07K, V-06984-03/07K

IN THE MATTER OF CHERYL R. OWENS, PETITIONER-RESPONDENT

V

WADE K. GARNER, RESPONDENT-APPELLANT.


An appeal having been taken herein from an order of the Family Court,

Erie County, entered in the Office of the Clerk of said Court on December 12, 2007, and the law guardian for Kennith J. G. having moved to dismiss the appeal insofar as it concerns Kennith J. G.,

Now, upon reading and filing the affidavit of Jeri N. Wright, Esq., sworn to December 23, 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.

Entered: January 13, 2009

JOANN M. WAHL, Clerk