| MATTER OF DAVID L. STABLEY V PHYLLIS A. CACI-STABLEY |
| Motion No: CAF 08-02532 |
| Slip Opinion No: 2009 NYSlipOp 65527(U) |
| Decided on February 24, 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: HURLBUTT, J. P., SMITH, CENTRA, CARNI, 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 permission to appeal 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 January 30, 2009, the notice of motion with proof of service thereof, the affirmation of Christopher A. Johnson, Esq., dated February 12, 2009, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is denied.
Memorandum: An appeal as of right from the order of Family Court entered February 6, 2009, will bring up for review the order of Family Court entered September 17, 2008.
ENTERED: February 24, 2009
JOANN M. WAHL, Clerk