MATTER OF JENNIFER MCLAUGHLIN V TIMOTHY MCLAUGHLIN
Motion No: CAF 12-01556
Slip Opinion No: 2012 NY Slip Op 84893(U)
Decided on September 17, 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.


September 17, 2012

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

APPELLATE DIVISION DOCKET NO. CAF 12-01556
DOCKET NO. O-00481-11

MATTER OF JENNIFER MCLAUGHLIN, PETITIONER-RESPONDENT,

V

TIMOTHY MCLAUGHLIN, RESPONDENT-APPELLANT.


Respondent-appellant having moved to vacate the dismissal of the appeal taken herein from an order of the Family Court, Steuben County, entered in the Office of the Clerk of said Court on November 15, 2011,

Now, upon reading and filing the statement of Susan BetzJitomir, Esq., dated August 29, 2012, the notice of motion with proof of service thereof, the affidavit of Nancy M. Eraca, Esq., sworn to September 7, 2012, and the statement of Susan BetzJitomir, Esq., dated September 12, 2012, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is granted and respondent-appellant shall file the original and ten copies of the stipulated or settled record and ten briefs on the appeal, together with proof of service, on or before October 2, 2012, and in the event of failure to so perfect the appeal is hereby dismissed without further order.

Entered: September 17, 2012

FRANCES E. CAFARELL, Clerk