PRESENT: SCUDDER, P.J., CENTRA, FAHEY, PARADOTTO, AND CARNI, JJ.

DOCKET NO. CA 13-00970

IN THE MATTER OF STEVEN I. GOLDSTEIN, AS GENERAL DIRECTOR AND CHIEF EXECUTIVE OFFICER OF STRONG MEMORIAL HOSPITAL, PETITIONER, FOR THE APPOINTMENT OF A GUARDIAN FOR WILLIE COWART ALSO KNOWN AS WILLIE COWART, SR., RESPONDENT, TERLESA COWART, APPELLANT.

Appellant having moved for an extension of time to perfect the appeal taken herein from a order and judgment of the Supreme Court entered in the Office of the Clerk of the County of Monroe on November 19, 2012, for permission to proceed as a poor person, and for other relief, and

The Catholic Family Center, as guardian of Willie Cowart, having cross-moved to dismiss for failure to perfect timely the appeal, and for other relief,

Now, upon reading and filing the affidavits of Terlesa Cowart sworn to August 26, 2013, and August 28, 2013, the affirmation of Jesslyn A. Holbrook, Esq., dated September 23, 2013, and the notices of motion and cross motion with proof of service thereof, and due deliberation having been had thereon,

It is hereby ORDERED that appellant's motion insofar as it seeks an extension of time to perfect the appeal is granted, and appellant shall perfect the appeal on or before December 23, 2013, and, in the event of failure to so perfect, the appeal is hereby dismissed without further order, and

It is further ORDERED that appellant's motion is otherwise denied, and

It is further ORDERED that The Catholic Family Center's cross motion insofar as it

seeks to dismiss for failure to perfect timely the appeal is denied, and

It is further ORDERED that The Catholic Family Center's cross motion is otherwise dismissed as unnecessary.

Entered: October 24, 2013

Frances E. Cafarell, Clerk