IN THE MATTER OF THE APPLICATION OF JON Z. AND VICTOR Z. FOR THE APPOINTMENT OF A GUARDIAN OF THE PROPERTY AND/OR
Motion No: CA 15-01522
Slip Opinion No: 2015 NY Slip Op 85506(U)
Decided on September 22, 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 22, 2015

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

DOCKET NO. CA 15-01522
(Index No. G2014-000008.)

IN THE MATTER OF THE APPLICATION OF JON Z. AND

VICTOR Z., PETITIONERS-RESPONDENTS, FOR THE APPOINTMENT OF

A GUARDIAN OF THE PROPERTY AND/OR PERSON OF MARGARET Z., AN

ALLEGED INCAPACITATED PERSON.



TOMAS Z., RESPONDENT-APPELLANT.


Appellant having moved for permission to proceed as a poor person on the appeal taken herein from an order and judgment of the Supreme Court entered in the Office of the Clerk of the County of Oneida on November 18, 2014, and having moved for an extension of time to perfect the appeal,

Now, upon reading and filing the affidavit of Tomas Zavalidroga sworn to August 30, 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 insofar as it seeks permission to proceed as a poor person is granted, and

It is further ORDERED that the Clerk of the County of Oneida is hereby directed to provide appellant with copies of all transcripts of stenographic, digitally recorded, or audiotaped minutes, if any, of the proceedings had and filed in said Clerk's Office upon which the appeal is based, along with one copy of any other paper or document on file in the Clerk's Office that is relevant and necessary to the appeal, and

It is further ORDERED that the motion insofar as it seeks an extension of time to perfect the appeal is granted, and appellant shall perfect the appeal on or before November 23, 2015, and, in the event of failure to so perfect, the appeal is hereby dismissed without further order.

Entered: September 22, 2015

Frances E. Cafarell, Clerk