| MATTER OF NICHOLAS W. ROGERS V KRISTI L. ANDERSON |
| Motion No: CAF 09-01358 |
| Slip Opinion No: 2010 NY Slip Op 72020(U) |
| Decided on May 17, 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: SCUDDER, P. J.,MARTOCHE, SMITH, CENTRA, AND FAHEY, JJ.
APPELLATE DIVISION DOCKET NO. CAF 09-01358
DOCKET NO. V-18074-08
| MATTER OF NICHOLAS W. ROGERS, PETITIONER-APPELLANT, V KRISTI L.
ANDERSON, RESPONDENT-RESPONDENT. |
Petitioner-appellant having moved to vacate the dismissal of 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 30, 2009,
Now, upon reading and filing the affirmation of Evelyne A. O'Sullivan, Esq., dated April 27, 2010, the notice of motion with proof of service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted and petitioner-appellant shall file the original stipulated or settled record and ten briefs on the appeal, together with proof of service, on or before June 15, 2010, and in the event of failure to so perfect the appeal is hereby dismissed without further order.
Entered: May 17, 2010
PATRICIA L. MORGAN, Clerk