| 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: 2013 NY Slip Op 62418(U) |
| Decided on January 23, 2013 |
| 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. |
Respondent having moved for an extension of time to file and serve a brief on 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 affidavit of Philip A. Milch, Esq., sworn to December 26, 2012, the notice of motion with proof of service thereof, and the affirmation of Joy A. Kendrick, Esq., dated January 11, 2013, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted on the condition that the brief is filed and served on or before February 1, 2013, and the Clerk is directed to accept the brief for filing, and
It is further ORDERED that reply briefs, if any, shall be filed and served on or before February 19, 2013.
Entered: January 23, 2013
Frances E. Cafarell, Clerk