MATTER OF STACY LEARN V LINDA ATWATER
Motion No: CAF 08-02150
Slip Opinion No: 2009 NY Slip Op 89713(U)
Decided on November 23, 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.


November 23, 2009

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


An appeal having been 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, and petitioner-respondent having moved for an extension of time within which to file and serve her brief,

Now, upon reading and filing the affidavit of Heather A. Tomes, Esq., sworn to November 9, 2009, the notice of motion with proof of service thereof, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is granted on condition that petitioner-respondent submit ten copies of her brief to the Court, together with proof of service, on or before January 11, 2010, and the Clerk is directed to accept said briefs for filing.

Entered: November 23, 2009

PATRICIA L. MORGAN, Clerk