MATTER OF TINA MCMASTERS V ERIE COUNTY CHILDREN'S SERVICES
Motion No: CAF 09-02013
Slip Opinion No: 2009 NY Slip Op 87270(U)
Decided on October 27, 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 27, 2009

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

APPELLATE DIVISION DOCKET NO. CAF 09-02013
DOCKET NO. V-13704-08

MATTER OF TINA MCMASTERS, PETITIONER-APPELLANT,

V

ERIE COUNTY CHILDREN'S SERVICES, RESPONDENT-RESPONDENT.


The law guardian having moved to dismiss the appeal taken herein from an order of the Family Court, Erie County, entered in the Office of the Clerk of said Court on July 21, 2009, on the ground that appellant has failed to perfect the appeal timely,

Now, upon reading and filing the affirmation of Charles D. Halvorsen, Esq., dated October 1, 2009, the notice of motion with proof of service thereof, the affirmation of Alan Birnholz, Esq., dated October 15, 2009, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is granted and the appeal is dismissed.

Entered: October 27, 2009

PATRICIA L. MORGAN, Clerk