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

APPELLATE DIVISION DOCKET NO. CAF 14-00713
DOCKET NO. P-00962-12

MATTER OF JOYCE S., PETITIONER-APPELLANT, V KEVIN M. AND ROBERT S., RESPONDENTS-RESPONDENTS.

Petitioner-appellant having moved to vacate the dismissal of the appeal taken herein from an order of the Family Court, Wyoming County, entered in the Office of the Clerk of said Court on August 15, 2013, and for other relief,

Now, upon reading and filing the affidavit of Joyce S., sworn to December 16, 2014, the affirmation of Michael Steinberg, Esq., dated December 18, 2014, the notice of motion with proof of service thereof, and the affirmation of Jennifer M. Lorenz, Esq., dated December 29, 2014, and due deliberation having been had thereon,

It is hereby ORDERED that the motion insofar as it seeks an order vacating the dismissal of the appeal is dismissed as unnecessary, and

It is further ORDERED that the motion insofar as it seeks an extension of time to perfect is granted and petitioner-appellant shall file the original and ten copies of the stipulated or settled record and ten briefs on the appeal, together with proof of service, on or before March 6, 2015, and in the event of failure to so perfect the appeal is hereby dismissed without further order, and

It is further ORDERED that the motion insofar as it seeks permission to proceed as a poor person is denied on the ground that appellant has failed to set forth sufficient facts so that the merit of the contentions can be ascertained.

Entered: January 5, 2015

FRANCES E. CAFARELL, Clerk