MATTER OF BRIAN KNIGHT V NADIA WASHPUN
Motion No: CAF 15-01547
Slip Opinion No: 2016 NY Slip Op 65354(U)
Decided on February 24, 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.


February 24, 2016

PRESENT: WHALEN, P.J., PERADOTTO, CARNI, NEMOYER, AND CURRAN, JJ.

APPELLATE DIVISION DOCKET NO. CAF 15-01547
DOCKET NOS. V-05804-14 AND V-05804-14/14A

MATTER OF BRIAN KNIGHT, PETITIONER-APPELLANT,

V

NADIA WASHPUN, RESPONDENT-RESPONDENT.



MATTER OF NADIA WASHPUN, PETITIONER-RESPONDENT,

V

BRIAN KNIGHT, RESPONDENT-APPELLANT.

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TANYA J. CONLEY, ESQ., ATTORNEY FOR THE CHILDREN,

APPELLANT.


Appeals having been taken herein from an order of the Family Court, Monroe County, entered in the office of the Clerk of said Court on August 31, 2015, and the attorney for the child having moved for an order vacating the order of the Honorable Joseph D. Valentino, dated September 15, 2015, to the extent that it was conditioned upon her appeal being perfected on or before November 16, 2015, for an extension of time to perfect, and for other relief,

Now, upon reading and filing the affirmation of Tanya Conley, Esq., filed January 13, 2016, the notice of motion with proof of service thereof, the affirmations of Kimberly F. Duguay, Esq., dated January 21, 2016, and January 29, 2016, and the affirmations of Sarah Spain Holt, Esq., dated January 22, 2016, and January 29, 2016, and due deliberation having been had thereon,

It is hereby ORDERED that the motion insofar as it seeks an extension of time to perfect is granted and the attorney for the child shall perfect her appeal on or before March 29, 2016, and in the event of failure to so perfect the appeal is hereby dismissed without further order, and

It is further ORDERED that the motion is in all other respects denied.

Entered: February 24, 2016

FRANCES E. CAFARELL, Clerk