MATTER OF STACY LEARN V LINDA ATWATER
Motion No: CAF 08-02150
Slip Opinion No: 2009 NYSlipOp 66981(U)
Decided on March 9, 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.


March 9, 2009

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

APPELLATE DIVISION DOCKET NO. CAF 08-02150
DOCKET NO. V-1714-04/07C

MATTER OF STACY LEARN, PETITIONER-RESPONDENT,

V

LINDA ATWATER, RESPONDENT-APPELLANT.


Respondent-appellant having applied for an extension of time to perfect the appeal taken herein from an order of the Family Court, Cattaraugus County, entered in the Office of the Clerk of said Court on August 26, 2008,

Now, upon reading and filing the statement of Nathaniel L. Barone, II, Esq., dated March 9, 2009,

It is hereby ORDERED that the application 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 May 25, 2009, and in the event of failure to so perfect the appeal is hereby dismissed without further order.

Entered: March 9, 2009

JOANN M. WAHL, Clerk