MATTER OF DANIEL B. HARDER V NICOLE B. PHETTEPLACE
Motion No: CAF 10-02219
Slip Opinion No: 2011 NY Slip Op 90547(U)
Decided on November 7, 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.


November 7, 2011

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

APPELLATE DIVISION DOCKET NO. CAF 10-02219
DOCKET NO. V-2058-03-10D

MATTER OF DANIEL B. HARDER, PETITIONER-APPELLANT,

V

NICOLE B. PHETTEPLACE, RESPONDENT-RESPONDENT.


An appeal having been taken herein from an order of the Family Court, Cattaraugus County, entered in the Office of the Clerk of said Court on September 29, 2010, and respondent-respondent having moved for an extension of time within which to file and serve her brief,

Now, upon reading and filing the affidavit of Keliann M. Elniski, Esq., sworn to October 19, 2011, the notice of motion with proof of service thereof, and the affidavit of Elizabeth deV. Moeller, Esq., sworn to November 2, 2011, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is granted on condition that respondent-respondent submit ten copies of her brief to the Court, together with proof of service, on or before November 21, 2011, and the Clerk is directed to accept said briefs for filing.

Entered: November 7, 2011

PATRICIA L. MORGAN, Clerk