IN THE MATTER OF THE ADOPTION OF NICOLE
Motion No: CAF 09-00398
Slip Opinion No: 2009 NY Slip Op 90766(U)
Decided on December 7, 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.


December 7, 2009

PRESENT: HURLBUTT, J.P., MARTOCHE, CENTRA, CARNI, AND GORSKI, JJ.

APPELLATE DIVISION DOCKET NO. CAF 09-00398
DOCKET NO. A 9926-08

IN THE MATTER OF THE ADOPTION OF NICOLE



JOSHUA A.A., AND MICHELLE J.A., PETITIONERS-RESPONDENTS,

V

STEPHEN H.J., RESPONDENT-APPELLANT.


An appeal having been taken herein from an order of the Family Court, Monroe County, entered in the Office of the Clerk of said Court on December 16, 2008, and petitioners-respondents having moved for an order expanding the record on appeal,

Now, upon reading and filing the affirmation of Gary Muldoon, Esq., dated November 23, 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 denied.

Memorandum: Petitioners' remedy is to move in Family Court to settle the record on appeal (see 22 NYCRR 1000.4 [a][1][ii]).

Entered: December 7, 2009

PATRICIA L. MORGAN, Clerk