MATTER OF MARQUITA HARPER V MILTON BURKE
Motion No: CAF 10-00544
Slip Opinion No: 2010 NY Slip Op 81278(U)
Decided on August 30, 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.


August 30, 2010

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

APPELLATE DIVISION DOCKET NO. CAF 10-00544
DOCKET NO. F-04692-08-09B

MATTER OF MARQUITA HARPER, PETITIONER-RESPONDENT,

V

MILTON BURKE, RESPONDENT-APPELLANT.


Respondent-appellant having moved for an extension of time to perfect the appeal taken herein from an order of the Family Court, Onondaga County, entered in the Office of the Clerk of said Court on February 26, 2010,

Now, upon reading and filing the affidavit of Philip Rothschild, Esq., sworn to August 17, 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 respondent-appellant shall file the original stipulated or settled record and ten briefs on the appeal, together with proof of service, on or before November 8, 2010, and in the event of failure to so perfect the appeal is hereby dismissed without further order.

Entered: August 30, 2010

PATRICIA L. MORGAN, Clerk