IN THE MATTER OF THE ADOPTION OF A CHILD WHOSE FIRST NAME IS TRENT.
Motion No: CA 08-02583
Slip Opinion No: 2009 NY Slip Op 85305(U)
Decided on September 30, 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.


September 30, 2009

PRESENT: SCUDDER, P. J., HURLBUTT, MARTOCHE, SMITH, AND CENTRA, JJ.

DOCKET NO. CA 08-02583

IN THE MATTER OF THE ADOPTION OF A CHILD WHOSE FIRST NAME

IS TRENT.



KRYSTAL M. AND RONALD M., PETITIONERS-RESPONDENTS,

V

ROBERT E. S., RESPONDENT-APPELLANT.


Appellant having moved for an extension of time to perfect the appeal taken from an order of the Erie County Surrogate's Court entered in the Office of the Clerk of said Court on November 18, 2008,

Now, upon reading and filing the affirmation of Alan Birnholz dated September 7, 2009, the notice of motion with proof of service thereof, the opposing affidavit of Emily A. Vella sworn to September 11, 2009, and due deliberation having been had thereon,

It is hereby ORDERED that the motion be, and the same hereby is, granted and appellant shall perfect the appeal on or before October 9, 2009, and, in the event of failure to so perfect, the appeal is hereby dismissed without further order.

Entered: September 30, 2009

Patricia L. Morgan, Clerk