MATTER OF EDEN S., ELYSIUM S. AND ARKADIAN S.
Motion No: CAF 13-00006
Slip Opinion No: 2013 NY Slip Op 79937(U)
Decided on July 15, 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.


July 15, 2013

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

APPELLATE DIVISION DOCKET NO. CAF 13-00006
DOCKET NO. NA-000929-11, NN-000930-11, NN-000931-11

MATTER OF EDEN S., ELYSIUM S. AND ARKADIAN S.



CAYUGA COUNTY DEPARTMENT OF HEALTH AND

HUMAN SERVICES, PETITIONER-RESPONDENT;

JOSHUA S., RESPONDENT-APPELLANT.


Respondent-appellant having moved to vacate the dismissal of the appeal taken herein from an order of the Family Court, Cayuga County, entered in the Office of the Clerk of said Court on November 20, 2012,

Now, upon reading and filing the affidavit of Elizabeth deV. Moeller, Esq., sworn to June 28, 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 respondent-appellant shall file the original stipulated or settled record and ten briefs on the appeal, together with proof of service, on or before August 30, 2013, and in the event of failure to so perfect the appeal is hereby dismissed without further order.

Entered: July 15, 2013

FRANCES E. CAFARELL, Clerk