| MATTER OF WILLIAM H. CARTER V JANE M. RHODES |
| Motion No: CAF 10-00940 |
| Slip Opinion No: 2011 NY Slip Op 73896(U) |
| Decided on May 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. |
PRESENT: SCUDDER, P.J., SMITH, CENTRA, CARNI, AND LINDLEY, JJ.
APPELLATE DIVISION DOCKET NO. CAF 10-00940
DOCKET NO. F-00775-87-08AD
| MATTER OF WILLIAM H. CARTER, PETITIONER-APPELLANT, V JANE M.
RHODES, RESPONDENT-RESPONDENT. |
Petitioner-appellant having moved to vacate the dismissal of the appeal taken herein from an order of the Family Court, Niagara County, entered in the Office of the Clerk of said Court on August 13, 2009,
Now, upon reading and filing the affidavit of William H. Carter, sworn to April 12, 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 denied on the ground that the facts set forth by appellant fail to demonstrate merit to the appeal (see 22 NYCRR 1000.13 [g]).
Entered: May 24, 2011
PATRICIA L. MORGAN, Clerk