| MATTER OF JEFFREY L. JARY V RACHEL KNIGHT BEVILACQUA |
| Motion No: CAF 09-01806 |
| Slip Opinion No: 2009 NY Slip Op 84161(U) |
| Decided on September 22, 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 09-01806
DOCKET NO. V-00800-97-08J & K
| MATTER OF JEFFREY L. JARY, PETITIONER-APPELLANT, V RACHEL KNIGHT
BEVILACQUA, RESPONDENT-RESPONDENT. |
Respondent-respondent having moved to dismiss the appeal taken herein from an order of the Family Court, Orleans County, entered in the Office of the Clerk of said Court on December 11, 2008, on the ground that petitioner-appellant has failed to perfect the appeal timely,
Now, upon reading and filing the affirmation of R. Brian Goewey, Esq., dated
September 4, 2009, the notice of motion with proof of service thereof, the statement of Brian P. Degnan, Esq., dated September 9, 2009, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted and the appeal is dismissed.
Entered: September 22, 2009
PATRICIA L. MORGAN, Clerk