| 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 74041(U) |
| Decided on May 17, 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 to supplement the record on the appeal taken herein from an order of 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 sworn to April 28, 2016, the notice of motion with proof of service thereof, and the affidavit of Edward J. Martin, Esq., sworn to May 6, 2016, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is denied without prejudice to a motion to resettle the record in Supreme Court (see 22 NYCRR 1000.4 [a] [1] [ii]; Stewart v Soda [239 AD2d 966]).
Entered: May 17, 2016
Frances E. Cafarell, Clerk