| IN THE MATTER OF JANE F. NIETHE, AS PARENT AND NATURAL GUARDIAN FOR LEAVE TO CHANGE MINORS' NAMES TO DOMINIC ROBERT |
| Motion No: CA 15-00544 |
| Slip Opinion No: 2016 NY Slip Op 70371(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. |
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 and to settle the record 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 March 22, 2016, the notice of motion with proof of service thereof, and the affidavit of Edward J. Martin, Esq., sworn to March 31, 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 first ordering paragraph of the order of this Court entered February 24, 2016, is hereby amended by deleting the date March 25, 2016, and inserting in its place the date May 24, 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]).
Memorandum: No further extensions of time to perfect the appeal will be granted.
Entered: April 11, 2016
Frances E. Cafarell, Clerk