| MATTER OF ROBERT QUINTANA V MILDRED CASTRO |
| Motion No: CAF 10-01292 |
| Slip Opinion No: 2010 NY Slip Op 77494(U) |
| Decided on July 14, 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, FAHEY, AND CARNI, JJ.
APPELLATE DIVISION DOCKET NO. CAF 10-01292
DOCKET NO. F-01376-09-09B
| MATTER OF ROBERT QUINTANA, PETITIONER-APPELLANT, V MILDRED
CASTRO, RESPONDENT-RESPONDENT. |
Petitioner-appellant having moved for an extension of time to serve a notice of appeal from an order of the Family Court, Erie County, entered in the Office of the Clerk of said Court on February 24, 2010,
Now, upon reading and filing the affidavit of Kristin L. Arcuri, Esq., sworn to June 1, 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 dismissed as unnecessary.
Memorandum: Absent proof of service of the order, there is no basis upon which to conclude that appellant's notice of appeal was untimely served.
Entered: July 14, 2010
PATRICIA L. MORGAN, Clerk