MATTER OF ANGELICA K. AND BRITTANY I.
Motion No: CAF 08-01788
Slip Opinion No: 2009 NY Slip Op 73592(U)
Decided on May 18, 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.


May 18, 2009

PRESENT: SCUDDER, P. J., SMITH, PERADOTTO, CARNI, AND PINE, JJ.

APPELLATE DIVISION DOCKET NO. CAF 08-01788
DOCKET NOS. NN-00915-07, NN-00916-07, NN-00917-07, NN-00918-07
DOCKET NO. NA-00914-07

MATTER OF ANGELICA K. AND BRITTANY I.



WYOMING COUNTY DEPARTMENT OF SOCIAL SERVICES,

PETITIONER-RESPONDENT;

AMY P., RESPONDENT, AND JAMES K., RESPONDENT-APPELLANT.

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MATTER OF ANGELICA K.

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WYOMING COUNTY DEPARTMENT OF SOCIAL SERVICES,

PETITIONER-RESPONDENT;

JAMES K., RESPONDENT-APPELLANT.


Respondent-appellant having moved for an extension of time to perfect the appeal taken herein from an order of the Family Court, Wyoming County, entered in the Office of the Clerk of said Court on July 10, 2008 (fact-finding order),

Now, upon reading and filing the affidavit of James K., sworn to May 1, 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is hereby ORDERED that the motion is denied and the appeal is dismissed on the ground that the fact-finding order was superseded by the order of disposition entered April 13, 2009, and is brought up for review on the appeal by respondent-appellant from the order of disposition.

Entered: May 18, 2009

PATRICIA L. MORGAN, Clerk