| MATTER OF BENJAMIN A. |
| Motion No: CAF 13-00024 |
| Slip Opinion No: 2013 NY Slip Op 91976(U) |
| Decided on November 18, 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. |
PRESENT: SCUDDER, P.J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.
APPELLATE DIVISION DOCKET NO. CAF 13-00024
DOCKET NO. S-01136-12
| MATTER OF BENJAMIN A.,
RESPONDENT-RESPONDENT. PATRICK F., PETITIONER-APPELLANT. |
Respondent-respondent having moved to dismiss the appeal taken herein from an order of the Family Court, Oswego County, entered in the Office of the Clerk of said Court on November 21, 2012, on the ground that petitioner-appellant has failed to perfect the appeal timely,
Now, upon reading and filing the affirmation of Susan B. Marris, Esq., dated October 28, 2013, the notice of motion with proof of service thereof, and the statement of James K. Eby, Esq., dated October 31, 2013, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is dismissed on the ground that the appeal is deemed abandoned and dismissed (see 22 NYCRR 1000.12 [b]).
Entered: November 18, 2013
FRANCES E. CAFARELL, Clerk