MATTER OF HEATHER K. OLKA, FORMERLY KNOWN AS HEATHER WAGNER V THOMAS E. BULLARD, JR., AND VICKI J. MURPHY
Motion No: CAF 13-00105
Slip Opinion No: 2013 NY Slip Op 84917(U)
Decided on September 4, 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.


September 4, 2013

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

APPELLATE DIVISION DOCKET NO. CAF 13-00105
DOCKET NO. V-03259-05-12N

MATTER OF HEATHER K. OLKA,

FORMERLY KNOWN AS HEATHER WAGNER,

PETITIONER-RESPONDENT,

V

THOMAS E. BULLARD, JR., AND VICKI J. MURPHY,

RESPONDENTS-RESPONDENTS.



ALVIN M. GREENE, ESQ., ATTORNEY FOR THE CHILD,

APPELLANT.


Appellant having moved to vacate the dismissal of the appeal taken herein from an order of the Family Court, Niagara County, entered in the Office of the Clerk of said Court on December 24, 2012,

Now, upon reading and filing the affidavit of Patricia M. McGrath, Esq., sworn to August 9, 2013, the statement of Patricia M. McGrath, Esq., dated August 20, 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 appellant shall file the original stipulated or settled record and ten briefs on the appeal, together with proof of service, on or before October 4, 2013, and in the event of failure to so perfect the appeal is hereby dismissed without further order.

Entered: September 4, 2013

FRANCES E. CAFARELL, Clerk