| MATTER OF SHAD S., JR. |
| Motion No: CAF 08-00175 |
| Slip Opinion No: 2009 NY Slip Op 73612(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. |
PRESENT: MARTOCHE, J. P., SMITH, FAHEY, PERADOTTO, AND GREEN, JJ.
APPELLATE DIVISION DOCKET NO. CAF 08-00175
DOCKET NO. B-3114-05
| MATTER OF SHAD S., JR. ERIE COUNTY DEPARTMENT OF SOCIAL
SERVICES, PETITIONER-RESPONDENT; AMY Y., RESPONDENT-APPELLANT. |
An appeal having been taken herein from an order of the Family Court, Erie County, entered in the Office of the Clerk of said Court on December 28, 2007, and respondent-appellant having filed a motion pursuant to CPLR § 5520 (c), requesting that the notice of appeal filed January 17, 2008, be treated as valid as to an order of the Family Court, Erie County, entered in the Office of the Clerk of said Court on December 31, 2007,
Now, upon reading and filing the affirmation of David J. Pajak, Esq., dated April 20, 2009, the notice of motion with proof of service thereof, the affirmation of Charles D. Halvorsen, Esq., dated April 22, 2009, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is denied on the ground that the order entered December 31, 2007, did not effect a substantive change, and the appeal thus properly lies from the order entered December 28, 2007 (see Matter of Moody v Sorokina, 56 AD3d 1246).
Entered: May 18, 2009
PATRICIA L. MORGAN, Clerk