MATTER OF NORMAN E. GREEN V JACQUELINE BONTZOLAKES
Motion No: CAF 10-00365
Slip Opinion No: 2011 NY Slip Op 62423(U)
Decided on January 24, 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.


January 24, 2011

PRESENT: SMITH, J.P., PERADOTTO, LINDLEY, SCONIERS, AND MARTOCHE, JJ.

APPELLATE DIVISION DOCKET NO. CAF 10-00365
DOCKET NOS. V-4836-03/08Q AND V-4836-03/08S
DOCKET NO. V-4836-03-08R

MATTER OF NORMAN E. GREEN, PETITIONER-RESPONDENT,

V

JACQUELINE BONTZOLAKES, RESPONDENT-APPELLANT.



MATTER OF JACQUELINE BONTZOLAKES, PETITIONER-APPELLANT,

V

NORMAN E. GREEN, RESPONDENT-RESPONDENT.


The attorney for the child having moved to amend her brief on the appeal taken herein from an order of the Family Court, Erie County, entered in the Office of the Clerk of said Court on October 7, 2009,

Now, upon reading and filing the affidavit of Mary Anne Connell, Esq., sworn to January 2, 2011, the notice of motion with proof of service thereof, the statement of Charles J. Greenberg, Esq., dated January 5, 2011, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is denied and the attorney for the child's brief is stricken (see Matter of Yorimar K. M., 309 AD2d 1148; Matter of Zena O., 212 AD2d 712).

Memorandum: The attorney for the child's remedy is a motion to vacate the dismissal of the appeal taken by the former attorney for the child.

Entered: January 24, 2011

PATRICIA L. MORGAN, Clerk