IN THE MATTER OF THE APPLICATION OF LOLA BANKS FOR THE APPOINTMENT OF A GUARDIAN OF THE PERSONAL NEEDS AND PROPERTY
Motion No: CA 15-02148
Slip Opinion No: 2016 NY Slip Op 61261(U)
Decided on January 8, 2016
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 8, 2016

DOCKET NO. CA 15-02148

IN THE MATTER OF THE APPLICATION OF LOLA BANKS,

PETITIONER-APPELLANT,

FOR THE APPOINTMENT OF A GUARDIAN OF THE PERSONAL

NEEDS AND PROPERTY MANAGEMENT OF CHARLIE B.H., AN

ALLEGED INCAPACITATED PERSON, RESPONDENT-RESPONDENT.


Respondent having moved to dismiss the appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Erie on August 25, 2015, on the ground that appellant failed to perfect timely the appeal,

Now, upon reading and filing the affidavit of Neil Weinberg, Esq., sworn to December 15, 2015, and the notice of motion with proof of service thereof,

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

Entered: January 8, 2016

Frances E. Cafarell, Clerk