| MATTER OF CATHERINE D. CUMMINGS V MICHAEL E. HERZOG |
| Motion No: CAF 12-00554 |
| Slip Opinion No: 2012 NY Slip Op 70626(U) |
| Decided on April 16, 2012 |
| 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 12-00554
DOCKET NO. F-00829-06-11H
| MATTER OF CATHERINE D.
CUMMINGS, PETITIONER-RESPONDENT, V MICHAEL E.
HERZOG, RESPONDENT-APPELLANT. |
Petitioner-respondent having moved to dismiss the appeal taken herein from an order of the Family Court, Livingston County, entered in the Office of the Clerk of said Court on September 27, 2011,
Now, upon reading and filing the affidavits of Susan K. Duke, Esq., sworn to March 22, 2012, and March 30, 2012, 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 granted and the appeal is dismissed.
Entered: April 16, 2012
FRANCES E. CAFARELL, Clerk