MATTER OF KELLY A. FENDICK V THOMAS J. FENDICK
Motion No: CAF 11-01921
Slip Opinion No: 2011 NY Slip Op 87202(U)
Decided on October 11, 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.


October 11, 2011

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

APPELLATE DIVISION DOCKET NO. CAF 11-01921
DOCKET NO. F-01069-09

MATTER OF KELLY A. FENDICK, PETITIONER-RESPONDENT,

V

THOMAS J. FENDICK, RESPONDENT-APPELLANT.


Respondent-appellant having moved for an extension of time to perfect the appeal taken herein from an order of the Family Court, Wyoming County, entered in the Office of the Clerk of said Court on November 22, 2010,

Now, upon reading and filing the affidavit of Roger T. Davison, Esq., sworn to September 21, 2011, the notice of motion with proof of service thereof, and the affidavit of Kelly A. Fendick, sworn to September 30, 2011, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is granted and respondent-appellant shall file the original and ten copies of the stipulated or settled record and ten briefs on the appeal, together with proof of service, on or before November 25, 2011, and in the event of failure to so perfect the appeal is hereby dismissed without further order.

Entered: October 11, 2011

PATRICIA L. MORGAN, Clerk