| IN THE MATTER OF THE GUARDIANSHIP OF CHRIS WILLIAM BROWN, III. |
| Motion No: CA 12-01756 |
| Slip Opinion No: 2012 NY Slip Op 92573(U) |
| Decided on December 4, 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 12-01756
| IN THE MATTER OF THE GUARDIANSHIP OF CHRIS WILLIAM
BROWN, III. WILLIAMSVILLE CENTRAL SCHOOL DISTRICT, PROPOSED INTERVENOR-APPELLANT, V MARILYN J.
SMITH, PETITIONER-RESPONDENT. |
Appellant having moved for an extension of time to perfect the appeal taken herein from an order of the Erie County Surrogate's Court entered in the Office of the Clerk of said court on August 31, 2012, and for other relief,
Now, upon reading and filing the affirmation of Melanie J. Beardsley, Esq., dated November 8, 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 dismissed without prejudice to the filing of a motion to vacate the order pursuant to CPLR 5704 (a), on the ground that there is no right of appeal from an ex parte order (see CPLR 5701 [a] [2]; Sholes v Meagher, 100 NY2d 333, 335).
Memorandum: An application for relief pursuant to CPLR 5704 (a) shall be made using the procedures for an order to show cause set forth in 22 NYCRR 1000.13 (b) (1)" (Rules of App Div, 4th Dept [22 NYCRR] § 1000.13 [b] [2]).
Entered: December 4, 2012
Frances E. Cafarell, Clerk