| MATTER OF MICHAEL BENTLEY V DEBRA BENTLEY |
| Motion No: CAF 11-01090 |
| Slip Opinion No: 2011 NY Slip Op 76407(U) |
| Decided on June 20, 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., PERADOTTO, CENTRA, CARNI, AND LINDLEY, JJ.
APPELLATE DIVISION DOCKET NO. CAF 11-01090
DOCKET NO. V-00454-08-10L, V-00455-08/10L
| MATTER OF MICHAEL BENTLEY, PETITIONER, V DEBRA BENTLEY,
RESPONDENT. |
Petitioner having moved for an order extending the time for taking an appeal from an order of the Family Court, Niagara County, entered in the Office of the Clerk of said Court on March 3, 2011,
Now, upon reading and filing the affidavit of Edward R. Thiel, Esq., sworn to May 24, 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 as unnecessary.
Memorandum: Absent proof of service of the order sought to be appealed, there is no basis upon which to conclude that the time for taking an appeal has begun to run (see Family Court Act § 1113).
Entered: June 20, 2011
PATRICIA L. MORGAN, Clerk