| 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: 2016 NY Slip Op 65368(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. |
PRESENT: WHALEN, P.J., SMITH, CENTRA, PERADOTTO, AND CARNI, JJ.
DOCKET NO. CA 15-01522
| 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 an extension of time to perfect the appeal (denominated a motion for an extension of time to settle the record), for assignment of counsel, and for a stay of enforcement of an order and judgment of the Supreme Court entered in the Office of the Clerk of the County of Oneida on November 18, 2014,
Now, upon reading and filing the affidavit of Tomas Zavalidroga sworn to January 12, 2016, the notice of motion with proof of service thereof, and the affidavit of Theresa M. Girouard, Esq., sworn to January 21, 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, and appellant shall perfect the appeal on or before March 22, 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 otherwise denied.
Memorandum: No further extensions of time to perfect the appeal will be granted. A motion to settle the record on appeal must be made in Supreme Court (see 22 NYCRR 1000.4 [a] [1] [ii]). Assignment of counsel is not available.
Entered: February 24, 2016
Frances E. Cafarell, Clerk