MATTER OF THE ADOPTION OF NICHOLAS
Motion No: CAF 11-00117
Slip Opinion No: 2011 NY Slip Op 64321(U)
Decided on February 4, 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.


February 4, 2011

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

APPELLATE DIVISION DOCKET NO. CAF 11-00117
DOCKET NO. A-2981-09

MATTER OF THE ADOPTION OF NICHOLAS



DANIEL E.G., PETITIONER-RESPONDENT;

DAVID M., RESPONDENT-APPELLANT.


Petitioner-respondent having moved to dismiss the appeal taken herein from an order of the Family Court, Chautauqua County, entered in the Office of the Clerk of said Court on August 20, 2010, on the ground that respondent-appellant has failed to perfect the appeal timely,

Now, upon reading and filing the affidavit of Sherry A. Bjork, Esq., sworn to January 14, 2011, 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 the appeal is dismissed.

Entered: February 4, 2011

PATRICIA L. MORGAN, Clerk