| 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: 2012 NY Slip Op 74720(U) |
| Decided on May 25, 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.
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. |
Appellant having moved to vacate the dismissal of 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,
Now, upon reading and filing the affirmation of Joy A. Kendrick, Esq., dated April 20, 2012, the notice of motion with proof of service thereof, and the affirmations of Neil Weinberg, Esq., received April 27, 2012, and April 30, 2012, and dated May 17, 2012, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted, on the condition that appellant perfect the appeal on or before July 24, 2012.
Entered: May 25, 2012
Frances E. Cafarell, Clerk