| MATTER OF DAVID L. STABLEY V PHYLLIS A. CACI-STABLEY |
| Motion No: CAF 08-02532 |
| Slip Opinion No: 2009 NYSlipOp 60792(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. |
PRESENT: SCUDDER, P. J., HURLBUTT, SMITH, CENTRA, AND PINE, JJ.
APPELLATE DIVISION DOCKET NO. CAF 08-02532
DOCKET NO. F-13659-7/07A
| MATTER OF DAVID L. STABLEY, PETITIONER-RESPONDENT, V PHYLLIS A.
CACI-STABLEY, RESPONDENT-APPELLANT. |
Respondent-appellant having moved for an extension of time to perfect the appeal taken herein from an order of the Family Court, Erie County, entered in the Office of the Clerk of said Court on September 17, 2008,
Now, upon reading and filing the affidavit of Joseph F. Gervase, Jr., Esq., sworn to December 8, 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 denied and the appeal is dismissed on the ground that the order sought to be appealed is not an order of disposition appealable as of right (see Family Court Act § 1112 [a]).
ENTERED: January 13, 2009
JOANN M. WAHL, Clerk