MATTER OF KAITLYN D. AND CODY C.
Motion No: CAF 13-01260
Slip Opinion No: 2013 NY Slip Op 81759(U)
Decided on August 6, 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.


August 6, 2013

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

APPELLATE DIVISION DOCKET NO. CAF 13-01260
DOCKET NO. NN-01923-11, NN-01924-11

MATTER OF KAITLYN D. AND CODY C.



ERIE COUNTY DEPARTMENT OF SOCIAL SERVICES,

PETITIONER-RESPONDENT;

MELISSA L.D., RESPONDENT,

AND JON B., RESPONDENT-APPELLANT.


The attorney for the children having moved to dismiss the appeal taken herein from an order of the Family Court, Erie County, entered in the Office of the Clerk of said Court on April 17, 2013, on the ground that respondent-appellant has failed to perfect the appeal timely,

Now, upon reading and filing the affirmation of Charles D. Halvorsen, Esq., dated July 15, 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: August 6, 2013

FRANCES E. CAFARELL, Clerk