MATTER OF STEVEN DUBUQUE V SHAWNA M. BREMILLER
Motion No: CAF 09-02262
Slip Opinion No: 2010 NY Slip Op 77477(U)
Decided on July 12, 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.


July 12, 2010

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

APPELLATE DIVISION DOCKET NO. CAF 09-02262
DOCKET NO. V-02982-09

MATTER OF STEVEN DUBUQUE, PETITIONER-RESPONDENT,

V

SHAWNA M. BREMILLER, RESPONDENT-APPELLANT.


Respondent-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 June 22, 2009,

Now, upon reading and filing the affirmation of Timothy R. Lovallo, Esq., dated June 24, 2010, the notice of motion with proof of service thereof, the affirmation of Alan Birnholz, Esq., dated June 28, 2010, the affirmation of Alvin M. Greene, Esq., dated June 30, 2010, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is granted and respondent-appellant shall file the original stipulated or settled record and ten briefs on the appeal, together with proof of service, on or before July 22, 2010, and in the event of failure to so perfect the appeal is hereby dismissed without further order.

Entered: July 12, 2010

PATRICIA L. MORGAN, Clerk