| MATTER OF LIONEL T. VIEIRA V DIANE P. HUFF |
| Motion No: CAF 08-00309 |
| Slip Opinion No: 2009 NYSlipOp 60793(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, MARTOCHE, GREEN, AND PINE, JJ.
APPELLATE DIVISION DOCKET NO. CAF 08-00309
DOCKET NO. V-02718-02/07K
| MATTER OF LIONEL T. VIEIRA, PETITIONER-RESPONDENT, V DIANE P.
HUFF, RESPONDENT-APPELLANT. |
Petitioner-respondent having moved to dismiss the appeal taken herein from an order of the Family Court, Ontario County, entered in the Office of the Clerk of said Court on February 6, 2008,
Now, upon reading and filing the affidavit of Lionel T. Vieira, sworn to December 5, 2008, the notice of motion with proof of service thereof, the affirmation of Tyson Blue, Esq., dated December 19, 2008, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is denied.
Entered: January 13, 2009
JOANN M. WAHL, Clerk