MATTER OF REBEKKAH GARCIA V BENJAMIN MCDONALD
Motion No: CAF 15-00417
Slip Opinion No: 2016 NY Slip Op 77449(U)
Decided on June 20, 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.


June 20, 2016

PRESENT: PERADOTTO, J.P., LINDLEY, NEMOYER, CURRAN, AND TROUTMAN, JJ.

APPELLATE DIVISION DOCKET NO. CAF 15-00417
DOCKET NO. V-00853-08-14E

MATTER OF REBEKKAH GARCIA, PETITIONER-APPELLANT,

V

BENJAMIN MCDONALD, RESPONDENT-RESPONDENT.


An appeal having been taken herein from an order of the Family Court, Lewis County, entered in the Office of the Clerk of said Court on February 4, 2015, and the attorney for the child having moved for permission to file a late notice of appeal, and for an extension of time to file his brief,

Now, upon reading and filing the affirmation of Paul M. Deep, Esq., dated May 16, 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 permission to file a late notice of appeal is dismissed as unnecessary (see Family Court Act § 1113), and

It is further ORDERED that the motion insofar as it seeks an extension of time to file the attorney for the child's brief is granted, and ten copies of the brief may be filed, together with proof of service, on or before August 4, 2016, on condition that the attorney for the child file 10 copies of a supplemental record on appeal containing his notice of appeal with proof of service and filing, together with proof of service of the supplemental record, on or before July 5, 2016, in which case the appeals by petitioner-appellant and the attorney for the child from the order of Family Court entered February 4, 2015, shall be deemed consolidated.

Entered: June 20, 2016

FRANCES E. CAFARELL, Clerk