| MATTER OF THE ADOPTION OF CODY |
| Motion No: CAF 09-02080 |
| Slip Opinion No: 2009 NY Slip Op 92197(U) |
| Decided on December 16, 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. |
PRESENT: SCUDDER, P. J., HURLBUTT, MARTOCHE, SMITH, AND CENTRA, JJ.
APPELLATE DIVISION DOCKET NO. CAF 09-02080
DOCKET NO. A-136-09
| MATTER OF THE ADOPTION OF CODY FREDERICK B., JR.,
PETITIONER-RESPONDENT; STEVEN K., RESPONDENT-APPELLANT. |
Petitioner-respondent having moved to dismiss the appeal taken herein from an order of the Family Court, Orleans County, entered in the Office of the Clerk of said Court on August 20, 2009, on the ground that respondent-appellant has failed to perfect the appeal timely,
Now, upon reading and filing the affidavit of Diane S. Katz, Esq., sworn to November 30, 2009, the notice of motion with proof of service thereof, the affirmation of Sanford A. Church, Esq., dated December 3, 2009, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is dismissed (see 22 NYCRR 1000.2 [c] [1]).
Entered: December 16, 2009
PATRICIA L. MORGAN, Clerk