| MATTER OF ANNA S. V PEDRO R. |
| Motion No: CAF 10-02525 |
| Slip Opinion No: 2011 NY Slip Op 61125(U) |
| Decided on January 11, 2011 |
| 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 PERADOTTO, JJ.
APPELLATE DIVISION DOCKET NO. CAF 10-02525
DOCKET NO. P-25218-00
| MATTER OF ANNA S., PETITIONER-RESPONDENT, V PEDRO R.,
RESPONDENT-APPELLANT. |
The attorney for the child having moved to dismiss the appeal taken herein from an order of the Family Court, Erie County, entered in the Office of the Clerk of said Court on July 7, 2010, on the ground that respondent-appellant has failed to perfect the appeal timely,
Now, upon reading and filing the affirmation of Charles D. Halvorsen, Esq., dated December 22, 2010, the notice of motion with proof of service thereof, the affirmation of Barbara A. Piazza, Esq., dated January 3, 2011, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted and the appeal is dismissed without further order unless perfected on or before March 14, 2011, and
It is further ORDERED that the notice of appeal filed July 26, 2010, shall be treated as valid as to the order of Family Court entered July 7, 2010.
Entered: January 11, 2011
PATRICIA L. MORGAN, Clerk