| MATTER OF DENISE SMITH V ERIE COUNTY CHILDREN'S SERVICES |
| Motion No: CAF 12-00616 |
| Slip Opinion No: 2014 NY Slip Op 69594(U) |
| Decided on April 14, 2014 |
| 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 12-00616
DOCKET NO. V-19953-10, V-19954-10
| MATTER OF DENISE SMITH,
PETITIONER-APPELLANT, V ERIE COUNTY CHILDREN'S SERVICES,
RESPONDENT-RESPONDENT. |
Petitioner-appellant having moved to vacate the dismissal of the appeal (denominated a motion for an Appellate Division decision and order) taken herein from an order of the Family Court, Erie County, entered in the Office of the Clerk of said Court on August 11, 2011,
Now, upon reading and filing the affidavit of Denise Smith, sworn to March 14, 2014, 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 denied.
Memorandum: Appellant's motion is untimely (see 22 NYCRR 1000.13 [g]).
Entered: April 14, 2014
FRANCES E. CAFARELL, Clerk