IN THE MATTER OF JANE F. NIETHE, AS PARENT AND NATURAL GUARDIAN FOR LEAVE TO CHANGE MINORS' NAMES TO DOMINIC ROBERT
Motion No: CA 15-00544
Slip Opinion No: 2015 NY Slip Op 91009(U)
Decided on November 18, 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.


November 18, 2015

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

DOCKET NO. CA 15-00544

IN THE MATTER OF JANE F. NIETHE, AS PARENT AND NATURAL

GUARDIAN FOR LEAVE TO CHANGE MINORS' NAMES TO DOMINIC

ROBERT MCCARTHY AND DILLAN LEONARD MCCARTHY,

PETITIONER-RESPONDENT;

DANIEL W. DEPERNO, RESPONDENT-APPELLANT.


Appellant having moved for an extension of time to perfect the appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Niagara on March 3, 2015,

Now, upon reading and filing the affidavit of Daniel W. DePerno sworn to October 31, 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 appellant shall perfect the appeal on or before January 25, 2016, and, in the event of failure to so perfect, the appeal is hereby dismissed without further order.

Entered: November 18, 2015

Frances E. Cafarell, Clerk