MATTER OF JOHN LEONARDO V ELAINA M. LEONARDO
Motion No: CAF 10-02110
Slip Opinion No: 2011 NY Slip Op 82982(U)
Decided on September 6, 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.


September 6, 2011

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

APPELLATE DIVISION DOCKET NO. CAF 10-02110
DOCKET NO. F-01245-08-10B

MATTER OF JOHN LEONARDO, PETITIONER-APPELLANT,

V

ELAINA M. LEONARDO, RESPONDENT-RESPONDENT.


Petitioner-appellant having moved for an extension of time to perfect the appeal taken herein from an order of the Family Court, Onondaga County, entered in the Office of the Clerk of said Court on August 30, 2010,

Now, upon reading and filing the affidavit of Elizabeth deV. Moeller, Esq., sworn to August 17, 2011, the notice of motion with proof of service thereof, the affirmation of Kristen McDermott, Esq., dated August 26, 2011, and the affidavit of Elizabeth deV. Moeller, Esq., sworn to September 2, 2011, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is granted and petitioner-appellant shall file the original stipulated or settled record and ten briefs on the appeal, together with proof of service, on or before October 21, 2011, and in the event of failure to so perfect the appeal is hereby dismissed without further order.

Entered: September 6, 2011

PATRICIA L. MORGAN, Clerk