| MATTER OF STACY LEARN V LINDA ATWATER |
| Motion No: CAF 08-02150 |
| Slip Opinion No: 2009 NY Slip Op 81502(U) |
| Decided on August 19, 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, GREEN, AND PINE, JJ.
APPELLATE DIVISION DOCKET NO. CAF 08-02150
DOCKET NO. V-1714-04-07C
| MATTER OF STACY LEARN, PETITIONER-RESPONDENT, V LINDA ATWATER,
RESPONDENT-APPELLANT. |
Respondent-appellant having moved for an extension of time to perfect the appeal taken herein from an order of the Family Court, Cattaraugus County, entered in the Office of the Clerk of said Court on August 26, 2008,
Now, upon reading and filing the affidavit of Nathaniel L. Barone, II, Esq., sworn to July 13, 2009, the notice of motion with proof of service thereof, the affirmation of Heather A. Tomes, Esq., filed July 17, 2009, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted and respondent-appellant shall file the original stipulated or settled record and ten briefs on the appeal, together with proof of service, on or before September 22, 2009, and in the event of failure to so perfect the appeal is hereby dismissed without further order.
Entered: August 19, 2009
PATRICIA L. MORGAN, Clerk