| MATTER OF DARREN J. NEAL V PATTY A. KLEEVER |
| Motion No: CAF 10-01716 |
| Slip Opinion No: 2010 NY Slip Op 82395(U) |
| Decided on September 8, 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., CENTRA, CARNI, LINDLEY, AND PINE, JJ.
APPELLATE DIVISION DOCKET NO. CAF 10-01716
DOCKET NOS. V-01131-08, V-01131-08/08A
| MATTER OF DARREN J. NEAL, PETITIONER-APPELLANT, V PATTY A.
KLEEVER, RESPONDENT-RESPONDENT. |
Petitioner-appellant having moved for an extension of time to serve a notice of appeal from an order of the Family Court, Cattaraugus County, entered in the Office of the Clerk of said Court on November 9, 2009, upon the attorney for the child, and for an extension of time to perfect,
Now, upon reading and filing the affidavit of David S. Whittemore, Esq., sworn to August 12, 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 sought to be appealed, there is no basis upon which to conclude that the time for service of the notice of appeal has begun to run (see Family Court Act § 1113); until the notice of appeal is served upon the attorney for the child there is no appeal pending and, therefore, no basis for granting an extension of time to perfect.
Entered: September 8, 2010
PATRICIA L. MORGAN, Clerk