MATTER OF KATHLEEN MAIOLA V RICHARD C. MAIOLA
Motion No: CAF 09-00639
Slip Opinion No: 2009 NY Slip Op 91512(U)
Decided on December 9, 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 9, 2009

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

APPELLATE DIVISION DOCKET NO. CAF 09-00639
DOCKET NOS. F-12338-07/08C, F-12338-07/08D

MATTER OF KATHLEEN MAIOLA, PETITIONER-RESPONDENT,

V

RICHARD C. MAIOLA, RESPONDENT-APPELLANT.


Respondent-appellant having applied 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 November 24, 2008,

Now, upon reading and filing the statement of Susan P. Reinecke, Esq., dated December 3, 2009,

It is hereby ORDERED that the application is granted and respondent-appellant shall file the original stipulated or settled record and ten briefs on the appeal, together with proof of service, on or before January 6, 2010, and in the event of failure to so perfect the appeal is hereby dismissed without further order.

Entered: December 9, 2009

PATRICIA L. MORGAN, Clerk