MATTER OF ELIJAH D.
Motion No: CAF 09-00876
Slip Opinion No: 2009 NY Slip Op 86574(U)
Decided on October 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.


October 19, 2009

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

APPELLATE DIVISION DOCKET NO. CAF 09-00876
DOCKET NO. B-15667-2007

MATTER OF ELIJAH D.



ERIE COUNTY DEPARTMENT OF SOCIAL SERVICES,

PETITIONER-RESPONDENT;

ALLISON D., RESPONDENT-APPELLANT.


Respondent-appellant having moved for an extension of time to perfect the appeal taken herein from an order of the Family Court, Erie County, entered in the Office of the Clerk of said Court on April 21, 2009,

Now, upon reading and filing the affidavit of Elizabeth Ciambrone, Esq., sworn to September 16, 2009, the notice of motion with proof of service thereof, the statement of Charles D. Halvorsen, Esq., dated September 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 and ten copies of the stipulated or settled record and ten briefs on the appeal, together with proof of service, on or before November 13, 2009, and in the event of failure to so perfect the appeal is hereby dismissed without further order.

Entered: October 19, 2009

PATRICIA L. MORGAN, Clerk