MATTER OF THERESA M.F. V REGIS E.L., II
Motion No: CAF 11-00652
Slip Opinion No: 2011 NY Slip Op 70033(U)
Decided on April 13, 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.


April 13, 2011

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

APPELLATE DIVISION DOCKET NO. CAF 11-00652
DOCKET NO. P-17282-09

MATTER OF THERESA M.F., PETITIONER-APPELLANT,

V

REGIS E.L., II, RESPONDENT-RESPONDENT.


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 December 14, 2010, on the ground that petitioner-appellant has failed to perfect the appeal timely,

Now, upon reading and filing the affirmations of Charles D. Halvorsen, Esq., dated March 25, 2011, and March 29, 2011, the notice of motion with proof of service thereof, the affirmation of Joseph J. Scinta, Jr., Esq., dated April 1, 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 June 13, 2011.

Entered: April 13, 2011

PATRICIA L. MORGAN, Clerk