| IN THE MATTER OF THE APPLICATION OF LOLA BANKS PURSUANT TO ARTICLE 81 OF THE MENTAL HYGIENE LAW FOR THE APPOINTMENT OF |
| Motion No: CA 11-02161 |
| Slip Opinion No: 2011 NY Slip Op 89125(U) |
| Decided on November 9, 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. |
DOCKET NO. CA 11-02161
| IN THE MATTER OF THE APPLICATION OF LOLA BANKS, PETITIONER-APPELLANT,
PURSUANT TO ARTICLE 81 OF THE MENTAL HYGIENE LAW FOR THE APPOINTMENT OF A GUARDIAN OF THE PERSON AND PROPERTY OF CHARLIE B.H., AN
ALLEGED INCAPACITATED PERSON, RESPONDENT. |
Respondent 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 Erie on May 27, 2011, on the ground that appellant has failed to perfect timely the appeal,
Now, upon reading and filing the affidavit of Neil Weinberg, Esq., sworn to October 24, 2011, and the notice of motion with proof of service thereof,
It is hereby ORDERED that the motion is granted, and the appeal is dismissed without costs.
Entered: November 9, 2011
Patricia L. Morgan, Clerk