| MATTER OF ELIZABETH COOPER V RICHARD L. COOPER |
| Motion No: CAF 10-00216 |
| Slip Opinion No: 2010 NY Slip Op 68389(U) |
| Decided on April 8, 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. |
PRESENT: SMITH, J.P., LINDLEY, SCONIERS, PINE, AND GORSKI, JJ.
APPELLATE DIVISION DOCKET NO. CAF 10-00216
DOCKET NO. F-3614-08
| MATTER OF ELIZABETH COOPER, PETITIONER-APPELLANT, V RICHARD L.
COOPER, RESPONDENT-RESPONDENT. |
Respondent Richard L. Cooper having moved to vacate the dismissal of the cross-appeal taken herein from an order of the Family Court, Erie County, entered in the Office of the Clerk of said Court on April 15, 2009,
Now, upon reading and filing the affirmation of David J. Pajak, Esq., dated February 19, 2010, the notice of motion with proof of service thereof, the affirmation of Deanne M. Tripi, Esq., dated March 3, 2010, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted and respondent's brief, filed February 16, 2010, shall be treated as a respondent-appellant's brief, and
It is further ORDERED that appellant Elizabeth Cooper file ten copies of her responsive brief, together with proof of service, on or before May 13, 2010, and the Clerk is directed to accept said briefs for filing.
Entered: April 8, 2010
PATRICIA L. MORGAN, Clerk