| MATTER OF JAMES M. FOX V ELAINE H. FOX |
| Motion No: CAF 09-02544 |
| Slip Opinion No: 2011 NY Slip Op 79788(U) |
| Decided on August 2, 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, FAHEY, AND PERADOTTO, JJ.
APPELLATE DIVISION DOCKET NO. CAF 09-02544
DOCKET NO. V2081-07-09G
| MATTER OF JAMES M. FOX, PETITIONER-RESPONDENT, V ELAINE H. FOX,
RESPONDENT-APPELLANT. |
Respondent-appellant having moved to vacate the dismissal of the appeal taken herein from an order of the Family Court, Ontario County, entered in the Office of the Clerk of said Court on November 23, 2009,
Now, upon reading and filing the affirmation of Christine M. Cook, Esq., dated July 13, 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 granted and respondent-appellant shall file the original stipulated or settled record and ten briefs on the appeal, together with proof of service, on or before October 3, 2011, and in the event of failure to so perfect the appeal is hereby dismissed without further order.
Entered: August 2, 2011
PATRICIA L. MORGAN, Clerk