| MATTER OF ERIC R. SIMONDS V TONI M. KIRKLAND |
| Motion No: CAF 08-01052 |
| Slip Opinion No: 2009 NY Slip Op 78190(U) |
| Decided on July 13, 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 08-01052
DOCKET NO. V48-05/07A
| MATTER OF ERIC R. SIMONDS, PETITIONER-RESPONDENT, V TONI M.
KIRKLAND, RESPONDENT-APPELLANT. |
An appeal having been taken herein from an order of the Family Court, Livingston County, entered in the Office of the Clerk of said Court on April 22, 2008, and petitioner-respondent having moved to dismiss the appeal, or, in the alternative, for an extension of time within which to file and serve his brief,
Now, upon reading and filing the affidavit of Andrew F. Emborsky, Esq., sworn to July 2, 2009, the notice of motion with proof of service thereof, the affirmation of Neal J. Mahoney, Esq., dated July 8, 2009, and due deliberation having been had thereon,
It is hereby ORDERED that the motion insofar as it seeks dismissal of the appeal is denied, and
It is further ORDERED that the motion insofar as it seeks an extension of time to file and serve petitioner-respondent's brief is granted on condition that petitioner-respondent submit ten copies of his brief to the Court, together with proof of service, on or before September 4, 2009, and the Clerk is directed to accept said briefs for filing.
Entered: July 13, 2009
PATRICIA L. MORGAN, Clerk