PRESENT: WHALEN, 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, to settle the record, and for sanctions against respondent's counsel on 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, Esq., sworn to January 20, 2016, the notice of motion with proof of service thereof, and the affidavit of Edward J. Martin, Esq., sworn to February 5, 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 the appeal is granted to the extent that the ordering paragraph of the order of this Court entered November 18, 2015, is hereby amended by deleting the date January 25, 2016, and inserting in its place the date March 25, 2016, and

It is further ORDERED that the motion insofar as it seeks the record on appeal to be deemed settled is denied (see 22 NYCRR 1000.4 [a] [1] [ii]), and

It is further ORDERED that the motion insofar as it seeks sanctions is denied.

Entered: February 24, 2016

Frances E. Cafarell, Clerk