| MATTER OF SEAN W. |
| Motion No: CAF 10-01355 |
| Slip Opinion No: 2011 NY Slip Op 65644(U) |
| Decided on March 2, 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., LINDLEY, SCONIERS, GREEN, AND GORSKI, JJ.
APPELLATE DIVISION DOCKET NO. CAF 10-01355
DOCKET NO. B-6380-09
| MATTER OF SEAN W. ONONDAGA COUNTY DEPARTMENT OF SOCIAL
SERVICES, PETITIONER-RESPONDENT; BRITTANY W., RESPONDENT-APPELLANT, AND CHRISTOPHER R.,
RESPONDENT. |
Petitioner-respondent having moved to dismiss the appeal taken herein from an order of the Family Court, Onondaga County, entered in the Office of the Clerk of said Court on May 25, 2010, for failure to serve the notice of appeal upon the subject child's foster parents, or, in the alternative, for an order directing such service,
Now, upon reading and filing the affirmation of Sara J. Langan, Esq., dated January 26, 2011, the notice of motion with proof of service thereof, the affirmation of Paul L. Chapman, Esq., dated February 7, 2011, the affirmation of Linda M. Campbell, Esq., dated February 8, 2011, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted to the extent that respondent-appellant shall serve the notice of appeal upon the subject child's foster parents on or before March 16, 2011 (see CPLR § 5520 [a]).
Entered: March 2, 2011
PATRICIA L. MORGAN, Clerk