| IN THE MATTER OF THE ADOPTION OF MICHAEL, AN INFANT |
| Motion No: CA 16-01330 |
| Slip Opinion No: 2016 NY Slip Op 83618(U) |
| Decided on August 24, 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 16-01330
| IN THE MATTER OF THE ADOPTION OF MICHAEL, AN INFANT
MICHELLE S. AND WILLIAM S., PETITIONERS-RESPONDENTS; NORMAN J.T., III, RESPONDENT-APPELLANT. |
Petitioners-respondents having moved to dismiss the appeal taken herein from the proceeding held on February 22, 2016, and from each and every intermediate order made therein, on the ground that appellant failed to perfect timely the appeal,
Now, upon reading and filing the affirmation of Beth A. Lockhart, Esq., dated July 18, 2016, and the notice of motion with proof of service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that said appeal is deemed to be a valid, premature appeal from the order dated April 5, 2016 (see CPLR 5520 [c]), and
It is further ORDERED that the motion is granted, and the appeal is dismissed without costs.
Entered: August 24, 2016
Frances E. Cafarell, Clerk