MATTER OF STACY L. FOTI V STEPHEN W. FOTI
Motion No: CAF 13-01057
Slip Opinion No: 2013 NY Slip Op 78359(U)
Decided on June 24, 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.


June 24, 2013

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

APPELLATE DIVISION DOCKET NO. CAF 13-01057
DOCKET NO. O-13566-12

MATTER OF STACY L. FOTI, PETITIONER-RESPONDENT,

V

STEPHEN W. FOTI, RESPONDENT-APPELLANT.


Petitioner-respondent having moved to dismiss the appeal taken herein from an order of the Family Court, Monroe County, entered in the Office of the Clerk of said Court on March 4, 2013, on the ground that respondent-appellant has failed to perfect the appeal timely,

Now, upon reading and filing the affirmations of Gregory J. Mott, Esq., dated May 31, 2013, and June 10, 2013, 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 granted and the appeal is dismissed.

Entered: June 24, 2013

FRANCES E. CAFARELL, Clerk