MATTER OF NIAGARA COUNTY PROBATION DEPARTMENT V DENISE FERRO
Motion No: CAF 07-01360
Slip Opinion No: 2009 NYSlipOp 62871(U)
Decided on February 3, 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.


February 3, 2009

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

APPELLATE DIVISION DOCKET NO. CAF 07-01360
DOCKET NO. F-00566-04/06E

MATTER OF NIAGARA COUNTY PROBATION DEPARTMENT,

PETITIONER-RESPONDENT,

V

DENISE FERRO, RESPONDENT-APPELLANT.


Respondent-appellant having moved to vacate the dismissal of the appeal taken herein from an order of the Family Court, Niagara County, entered in the Office of the Clerk of said Court on May 8, 2007,

Now, upon reading and filing the affidavit of Edward P. Perlman, Esq., sworn to January 16, 2009, 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 respondent-appellant shall file the original stipulated or settled record and ten briefs on the appeal, together with proof of service, on or before February 13, 2009, and in the event of failure to so perfect the appeal is hereby dismissed without further order.

Entered: February 3, 2009

JOANN M. WAHL, Clerk