PRESENT: SCUDDER, P.J., PERADOTTO, LINDLEY, AND SCONIERS, JJ.

APPELLATE DIVISION DOCKET NO. CAF 12-00601
DOCKET NO. V-08910-09, V-08911-09

MATTER OF DANIEL F. KENNEDY, PETITIONER-APPELLANT, V ASHLEY LAUREN KENNEDY, RESPONDENT-RESPONDENT.

An appeal having been taken herein from an order of the Family Court, Erie County, entered in the Office of the Clerk of said Court on March 19, 2012, and petitioner-appellant having moved for an extension of the stay granted by order of the Honorable Salvatore R. Martoche dated April 5, 2012, and extended by order of this Court entered July 18, 2012, and for an extension of time to perfect,

Now, upon reading and filing the statement of Bernadette M. Hoppe, Esq., dated July 27, 2012, the notice of motion with proof of service thereof, the statement of Kristin Kozlowski, Esq., filed August 6, 2012, and the statement of Eugene P. Adams, Esq., dated August 2, 2012, and due deliberation having been had thereon,

It is hereby ORDERED that the motion insofar as it seeks an extension of the stay is denied, and

It is further ORDERED that the motion insofar as it seeks an extension of time to perfect is granted and petitioner-appellant shall file the original stipulated or settled record and ten briefs on the appeal, together with proof of service, on or before October 31, 2012, and in the event of failure to so perfect the appeal is hereby dismissed without further order.

Entered: August 15, 2012

FRANCES E. CAFARELL, Clerk