MATTER OF BRIAN S., KATIE S., AND ALYSSA S.
Motion No: CAF 15-00314
Slip Opinion No: 2016 NY Slip Op 70355(U)
Decided on April 11, 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.


April 11, 2016

PRESENT: CENTRA, J.P., PERADOTTO, LINDLEY, DEJOSEPH, AND NEMOYER, JJ.

APPELLATE DIVISION DOCKET NO. CAF 15-00314
DOCKET NOS. NN-00195-14, NN-00196-14, NN-00194-14
APPELLATE DIVISION DOCKET NO. CAF 16-00530
DOCKET NOS. NN-00195-14, NN-00196-14, NN-00194-14

MATTER OF BRIAN S., KATIE S., AND ALYSSA S.



CAYUGA COUNTY DEPARTMENT OF SOCIAL SERVICES,

PETITIONER-RESPONDENT;

SCOTT S., RESPONDENT,

AND TANYA S., RESPONDENT-APPELLANT.

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SUSAN JAMES, ESQ., ATTORNEY FOR KATIE S., APPELLANT.

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MARYBETH D. BARNET, ESQ., ATTORNEY FOR ALYSSA S.,

APPELLANT.

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THEODORE W. STENUF, ESQ., ATTORNEY FOR BRIAN S.,

APPELLANT.

MATTER OF BRIAN S., KATIE S., AND ALYSSA S.

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CAYUGA COUNTY DEPARTMENT OF SOCIAL SERVICES,

PETITIONER-RESPONDENT;

SCOTT S., AND TANYA S., RESPONDENTS.

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SUSAN JAMES, ESQ., ATTORNEY FOR KATIE S., APPELLANT.

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MARYBETH D. BARNET, ESQ., ATTORNEY FOR ALYSSA S.,

APPELLANT.

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THEODORE W. STENUF, ESQ., ATTORNEY FOR BRIAN S.,

APPELLANT.


Theodore W. Stenuf, Esq., attorney for the child Brian S., having moved for leave to file and serve a late notice of appeal from orders of the Family Court, Cayuga County, entered in the Office of the Clerk of said Court on March 2, 2015 (CAF 15-00314), and March 30, 2015 (CAF 16-00530), and for an extension of time to perfect,

Now, upon reading and filing the affirmation of Theodore W. Stenuf, Esq., dated March 25, 2016, and the notice of motion with proof of service thereof, and due deliberation having been had thereon,

It is hereby ORDERED that the motion insofar as it seeks leave to file and serve a late notice of appeal is dismissed as unnecessary (see Matter of Kquamere R. and Syria W., 2012 WL 653524), and

It is further ORDERED that the motion insofar as it seeks an extension of time to perfect is granted, and Theodore W. Stenuf, Esq. shall file ten copies of his brief on behalf of Brian S., together with proof of service, on or before April 18, 2016, and in the event of failure to so perfect the appeals are hereby dismissed without further order, and

It is further ORDERED that respondent's briefs, if any, in response to the briefs filed by the attorneys for the children, must be submitted to the Court, together with proof of service, on or before May 11, 2016, and the Clerk is directed to accept said briefs for filing.

Entered: April 11, 2016

FRANCES E. CAFARELL, Clerk