ERNEST SINGLETON, INDIVIDUALLY AND AS PARENT AND NATURAL GUARDIAN OF HIS MINOR DAUGHTER, ESSENCE SINGLETON V CAROL
Motion No: CA 11-01303
Slip Opinion No: 2011 NY Slip Op 78736(U)
Decided on July 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.


July 18, 2011

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

DOCKET NO. CA 11-01303

ERNEST SINGLETON, INDIVIDUALLY AND AS PARENT AND NATURAL

GUARDIAN OF HIS MINOR DAUGHTER, ESSENCE SINGLETON,

PLAINTIFF-APPELLANT,

V

CAROL GIBSON, EXECUTIVE OF THE ESTATE OF

MASON LEWIS, MONROE COUNTY DEPARTMENT OF SOCIAL

SERVICES, AND CITY OF ROCHESTER, DEFENDANTS-RESPONDENTS.


Respondent Carol Gibson having moved to dismiss the appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Monroe on January 6, 2011, on the ground that appellant has failed to perfect timely the appeal,

Now, upon reading and filing the affirmation of Sarah E. Hansen, Esq., dated June 20, 2011, the notice of motion with proof of service thereof, and the affidavit of Ellen B. Strum, Esq., sworn to June 24, 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 the appeal is perfected on or before September 16, 2011.

Entered: July 18, 2011

Patricia L. Morgan, Clerk