| MATTER OF AMIR S. |
| Motion No: CAF 13-01705 |
| Slip Opinion No: 2013 NY Slip Op 93929(U) |
| Decided on December 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. |
PRESENT: CENTRA, J.P., FAHEY, PERADOTTO, SCONIERS, AND WHALEN, JJ.
APPELLATE DIVISION DOCKET NO. CAF 13-01705
DOCKET NO. E-3902-12
| MATTER OF AMIR S.,
RESPONDENT-APPELLANT. MONROE COUNTY ATTORNEY, PETITIONER-RESPONDENT. |
Appellant having moved, pursuant to CPLR 5520 (c), for an order treating the notice of appeal filed August 1, 2012, as valid as to the order of the Family Court, Monroe County, entered in the Office of the Clerk of said Court on September 6, 2012, and for other relief,
Now, upon reading and filing the affidavit of Robert A. DiNieri, Esq., sworn to October 2, 2013, the notice of motion with proof of service thereof, and the statement of Timothy M. Lexvold, Esq., dated October 9, 2013, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted and the notice of appeal filed August 1, 2012, shall be treated as valid as to the order of the Family Court, Monroe County, entered September 6, 2012, and
It is further ORDERED that the dismissal of the appeal is vacated and that respondent-appellant file the original stipulated or settled record and ten briefs on the appeal, together with proof of service, on or before March 4, 2014, and in the event of failure to so perfect the appeal is hereby dismissed without further order.
Entered: December 4, 2013
FRANCES E. CAFARELL, Clerk