| MATTER OF STEUBEN COUNTY SUPPORT COLLECTION UNIT, AND JUDITH A. ROSE V NEIL T. KELLY |
| Motion No: CAF 10-00644 |
| Slip Opinion No: 2010 NY Slip Op 82399(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: MARTOCHE, J.P., CENTRA, FAHEY, SCONIERS, AND GREEN, JJ.
APPELLATE DIVISION DOCKET NO. CAF 10-00644
DOCKET NO. F-02223-06-09D
| MATTER OF STEUBEN COUNTY SUPPORT COLLECTION UNIT, AND JUDITH A. ROSE,
PETITIONERS-RESPONDENTS, V NEIL T. KELLY, RESPONDENT-APPELLANT. |
Respondent-appellant having moved for an extension of time to serve a notice of appeal from an order of the Family Court, Steuben County, entered in the Office of the Clerk of said Court on March 2, 2010, upon petitioner Judith A. Rose,
Now, upon reading and filing the affirmations of Rosemarie Richards, Esq., dated July 27, 2010, and August 29, 2010, the notice of motion with proof of service thereof, the affidavit of Ruth A. Chaffee, Esq., sworn to August 31, 2010, 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).
Entered: September 8, 2010
PATRICIA L. MORGAN, Clerk