| MATTER OF KATHLEEN MAIOLA V RICHARD C. MAIOLA |
| Motion No: CAF 09-00639 |
| Slip Opinion No: 2009 NYSlipOp 69130(U) |
| Decided on April 6, 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 09-00639
DOCKET NOS. F-12338-07/08C, F-12338-07/08D
| MATTER OF KATHLEEN MAIOLA, PETITIONER-RESPONDENT, V RICHARD C.
MAIOLA, RESPONDENT-APPELLANT. |
Respondent-appellant having moved for an extension of time to file a notice of appeal from an order of the Family Court, Erie County, entered in the office of the Clerk of said Court on November 24, 2008,
Now, upon reading and filing the affidavit of Stephen C. Kennedy, Esq., sworn to March 20, 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 the notice of appeal filed February 6, 2009, shall be deemed timely filed.
Entered: April 6, 2009
PATRICIA L. MORGAN, Deputy Clerk