MATTER OF ELIJAH D.
Motion No: CAF 09-00876
Slip Opinion No: 2010 NY Slip Op 67172(U)
Decided on January 25, 2010
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.


January 25, 2010

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

APPELLATE DIVISION DOCKET NO. CAF 09-00876
DOCKET NO. B-15667-2007

MATTER OF ELIJAH D.



ERIE COUNTY DEPARTMENT OF SOCIAL SERVICES,

PETITIONER-RESPONDENT;

ALLISON D., RESPONDENT-APPELLANT.


Respondent-appellant having moved 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 April 21, 2009,

Now, upon reading and filing the affirmation of Elizabeth Ciambrone, Esq., dated January 7, 2010, the notice of motion with proof of service thereof, the affirmation of Charles D. Halvorsen, Esq., dated January 8, 2010, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is granted and respondent-appellant shall file the original and ten copies of the stipulated or settled record and ten briefs on the appeal, together with proof of service, on or before February 1, 2010, and in the event of failure to so perfect the appeal is hereby dismissed without further order.

Entered: January 25, 2010

PATRICIA L. MORGAN, Clerk