MATTER OF MCKAYLA J. AND RAYQUAN J.
Motion No: CAF 11-00439
Slip Opinion No: 2011 NY Slip Op 75691(U)
Decided on June 10, 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.


June 10, 2011

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

APPELLATE DIVISION DOCKET NO. CAF 11-00439
DOCKET NO. NN-09529-10, NN-09530-10

MATTER OF MCKAYLA J. AND RAYQUAN J.



ERIE COUNTY DEPARTMENT OF SOCIAL SERVICES,

PETITIONER-RESPONDENT;

ANNIE M., RESPONDENT-APPELLANT.


The Attorney for the Children 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 February 1, 2011, on the ground that respondent-appellant has failed to perfect the appeal timely,

Now, upon reading and filing the affirmation of Charles D. Halvorsen, Esq., dated May 6, 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 dismissed (see 22 NYCRR 1000.2 [c] [1]).

Entered: June 10, 2011

PATRICIA L. MORGAN, Clerk