MATTER OF ANDRE CROUT V LATRICIA SMITH
Motion No: CAF 14-01713
Slip Opinion No: 2015 NY Slip Op 61760(U)
Decided on January 20, 2015
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.


January 20, 2015

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

APPELLATE DIVISION DOCKET NO. CAF 14-01713
DOCKET NO. V-11939-13

MATTER OF ANDRE CROUT, PETITIONER-RESPONDENT,

V

LATRICIA SMITH, RESPONDENT-APPELLANT.


Petitioner-respondent having moved to dismiss the appeal taken herein from an order of the Family Court, Erie County, entered in the Office of the Clerk of said Court on August 8, 2014, on the ground that respondent-appellant has failed to perfect the appeal timely,

Now, upon reading and filing the affidavit of Regina A. Del Vecchio, Esq., sworn to December 29, 2014, the notice of motion with proof of service thereof, and the statement of Elisabeth M. Colucci, Esq., dated January 5, 2015, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is granted and the appeal is dismissed without costs.

Entered: January 20, 2015

FRANCES E. CAFARELL, Clerk