| MATTER OF SHIRLEY A.S. |
| Motion No: NOS. CAF 10-00104 AND CAF 11-01027 |
| Slip Opinion No: 2011 NY Slip Op 73863(U) |
| Decided on May 18, 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, CARNI, AND LINDLEY, JJ.
APPELLATE DIVISION DOCKET NOS. CAF 10-00104 AND CAF 11-01027
DOCKET NO. B-10878-07
| MATTER OF SHIRLEY A.S. ERIE COUNTY DEPARTMENT OF SOCIAL
SERVICES, PETITIONER-RESPONDENT; DAVID A.S., RESPONDENT-APPELLANT. |
Respondent-appellant having moved for an extension of time to perfect 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 22, 2009,
Now, upon reading and filing the affirmation of William D. Broderick, Jr., Esq., dated April 7, 2011, the notice of motion with proof of service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that the notice of appeal filed January 12, 2010, shall be treated as valid as to the order of Family Court entered January 25, 2010 (CAF 11-01027) (see CPLR § 5520 [c]), and
It is further ORDERED that respondent-appellant file the original stipulated or settled record and ten briefs on the appeal, together with proof of service, on or before July 18, 2011, and in the event of failure to so perfect the appeal is hereby dismissed without further order, and
It is further ORDERED that the appeal from the order entered December 22, 2009 (CAF 10-00104), is dismissed on the ground that the order was superseded by the order of Family Court entered January 25, 2010.
Memorandum: No further extensions will be granted.
Entered: May 18, 2011
PATRICIA L. MORGAN, Clerk