MATTER OF MAXIMUS H.
Motion No: CAF 10-00004
Slip Opinion No: 2010 NY Slip Op 73873(U)
Decided on June 4, 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.


June 4, 2010

PRESENT: MARTOCHE, J.P., FAHEY, CARNI, SCONIERS, AND GREEN, JJ.

APPELLATE DIVISION DOCKET NO. CAF 10-00004
DOCKET NO. B-07428-07

MATTER OF MAXIMUS H.



MONROE COUNTY DEPARTMENT OF HUMAN SERVICES,

PETITIONER-RESPONDENT;

JERMAINE H., RESPONDENT-APPELLANT.


The attorney for the child having moved to dismiss the appeal taken herein from an order of the Family Court, Monroe County, entered in the Office of the Clerk of said Court on December 10, 2009, on the ground that respondent-appellant has failed to perfect the appeal timely,

Now, upon reading and filing the affirmation of Christopher G. Johnson, Esq., dated April 14, 2010, the notice of motion with proof of service thereof, the affirmation of Peter A. Essley, Esq., dated April 30, 2010, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is granted and the appeal is dismissed.

Entered: June 4, 2010

PATRICIA L. MORGAN, Clerk