MATTER OF JOHN M. JOHNSON II V MARY E. MARBLE
Motion No: CAF 15-00961
Slip Opinion No: 2015 NY Slip Op 84794(U)
Decided on September 15, 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.


September 15, 2015

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

APPELLATE DIVISION DOCKET NO. CAF 15-00961
DOCKET NOS. V-00278-11/14J, V-00278-11/14I

MATTER OF JOHN M. JOHNSON II, PETITIONER-RESPONDENT,

V

MARY E. MARBLE, RESPONDENT-APPELLANT.



MATTER OF MARY E. MARBLE, PETITIONER-APPELLANT,

V

JOHN M. JOHNSON II, RESPONDENT-RESPONDENT.


Respondent having moved to dismiss the appeal taken herein from an order of the Family Court, Allegany County, entered in the Office of the Clerk of said Court on March 24, 2015, on the ground that appellant has failed to perfect the appeal timely,

Now, upon reading and filing the affidavit of Maureen N. Polen, Esq., sworn to September 1, 2015, 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 granted and the appeal is dismissed without costs.

Entered: September 15, 2015

FRANCES E. CAFARELL, Clerk