MATTER OF TRINITY E.
Motion No: CAF 15-00376
Slip Opinion No: 2016 NY Slip Op 74557(U)
Decided on May 18, 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.


May 18, 2016

PRESENT: WHALEN, P.J., CENTRA, CARNI, NEMOYER, AND TROUTMAN, JJ.

APPELLATE DIVISION DOCKET NO. CAF 15-00376
DOCKET NO. B-05756-14

MATTER OF TRINITY E.



MONROE COUNTY DEPARTMENT OF HUMAN SERVICES,

PETITIONER-RESPONDENT;

ROBERT E., RESPONDENT-APPELLANT.


Respondent-appellant having moved for this Court to take judicial notice of a felony complaint and attached supporting deposition filed in the Rochester City Court Clerk's Office on December 24, 2014 (CR# 14-238630), on the appeal taken herein from an order of Family Court, Monroe County, entered in the Office of the Clerk of said Court on February 4, 2015, and for an extension of time to perfect,

Now, upon reading and filing the affirmations of Kimberly F. Duguay, Esq., dated April 13, 2016, and April 22, 2016, the notice of motion with proof of service thereof, the affirmation of Paul B. Watkins, Esq., dated April 20, 2016, and the affirmation of Carol L. Eisenman, Esq., dated April 20, 2016, and due deliberation having been had thereon,

It is hereby ORDERED that the motion insofar as it seeks judicial notice is granted and respondent-appellant shall attach as an appendix to his brief certified copies of the felony complaint and supporting deposition, and

It is further ORDERED that the motion insofar as it seeks an extension of time to perfect is granted and respondent-appellant shall file the original stipulated or settled record and ten briefs on the appeal, together with proof of service, on or before June 20, 2016, and in the event of failure to so perfect the appeal is hereby dismissed without further order.

Entered: May 18, 2016

FRANCES E. CAFARELL, Clerk