| MATTER OF JOSEPH D. RUDNEY V COURTNEY A. LUICK |
| Motion No: CAF 09-00465 |
| Slip Opinion No: 2009 NY Slip Op 74794(U) |
| Decided on June 10, 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 09-00465
DOCKET NO. V-707-07/08C
| MATTER OF JOSEPH D. RUDNEY, PETITIONER-RESPONDENT, V COURTNEY
A. LUICK, RESPONDENT-APPELLANT. |
The law guardian having moved to dismiss the appeal taken herein from an order of the Family Court, Livingston County, entered in the Office of the Clerk of said Court on January 23, 2009, on the ground that respondent-appellant has failed to perfect the appeal timely,
Now, upon reading and filing the affidavit of Jay D. Carr, Esq., sworn to May 15, 2009, the notice of motion with proof of service thereof, the affidavit of James D. LaPiana, Esq., sworn to May 21, 2009, the affirmation of Eric J. Metzler, Esq., dated June 4, 2009, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted and the appeal is dismissed without further order unless perfected on or before August 10, 2009.
Entered: June 10, 2009
PATRICIA L. MORGAN, Clerk