| MATTER OF FRANCIS J. GAVIN V KATHRYN A. MOTT |
| Motion No: CAF 07-01724 |
| Slip Opinion No: 2009 NY Slip Op 71750(U) |
| Decided on May 4, 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, SMITH, AND CENTRA, JJ.
APPELLATE DIVISION DOCKET NO. CAF 07-01724
DOCKET NO. F-09617-03/07B
| MATTER OF FRANCIS J. GAVIN, PETITIONER-APPELLANT, V KATHRYN A.
MOTT, RESPONDENT-RESPONDENT. |
Petitioner-appellant having moved to vacate the dismissal of the appeal taken herein from an order of the Family Court, Onondaga County, entered in the Office of the Clerk of said Court on July 12, 2007, and for permission to proceed as a poor person and the assignment of counsel.
Now, upon reading and filing the certification of N. David Berge, Esq., dated April 15, 2009, the affidavit of N. David Berge, Esq., sworn to April 17, 2009, the notice of motion with proof of service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that the motion insofar as it seeks to vacate the dismissal of the appeal is granted and petitioner-appellant shall file the original stipulated or settled record and ten briefs on the appeal, together with proof of service, on or before July 6, 2009, and in the event of failure to so perfect the appeal is hereby dismissed without further order, and
It is further ORDERED that the motion insofar as it seeks the assignment of counsel is denied; and
It is further ORDERED that the motion insofar as it seeks permission to proceed as a poor person is dismissed as unnecessary.
Entered: May 4, 2009
PATRICIA L. MORGAN, Clerk