| MATTER OF PAUL A. BUTLER V MARGARET E. HESS |
| Motion No: CAF 10-00934 |
| Slip Opinion No: 2010 NY Slip Op 72027(U) |
| Decided on May 18, 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., SMITH, CENTRA, LINDLEY, AND PINE, JJ.
APPELLATE DIVISION DOCKET NO. CAF 10-00934
DOCKET NOS. V-05356-04/07C, V-18997-07/07A
| MATTER OF PAUL A. BUTLER, PETITIONER-RESPONDENT, V MARGARET E.
HESS, RESPONDENT-APPELLANT. |
Petitioner-respondent having moved to dismiss the appeal taken herein from an order of the Family Court, Erie County, entered in the Office of the Clerk of said Court on August 6, 2009, on the ground that respondent-appellant has failed to perfect the appeal timely,
Now, upon reading and filing the affidavit of Michael J. Stachowski, Esq., sworn to April 7, 2010, the notice of motion with proof of service thereof, the affidavit of Leonard G. Tilney, Jr., Esq., sworn to April 26, 2010, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is dismissed.
Entered: May 18, 2010
PATRICIA L. MORGAN, Clerk