| MATTER OF DAVID J. LEE V BREANNA HARRIS |
| Motion No: CAF 11-00761 |
| Slip Opinion No: 2011 NY Slip Op 83553(U) |
| Decided on September 12, 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 11-00761
DOCKET NO. V-15408-08-10C, V-15409-08/10C
| MATTER OF DAVID J. LEE, PETITIONER-APPELLANT, V BREANNA HARRIS,
RESPONDENT-RESPONDENT. |
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 March 9, 2011, on the ground that petitioner-appellant has failed to perfect the appeal timely,
Now, upon reading and filing the affidavit of David B. Smith, Esq., sworn to August 25, 2011, and the notice of motion with proof of service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is denied.
Entered: September 12, 2011
PATRICIA L. MORGAN, Clerk