MATTER OF ISREAL M.-B., JACOB B., MATTHEW M.-B., PRECIOUS M.-B., SKYE M.-B., AND TYREKE M.-B.
Motion No: CAF 16-00912
Slip Opinion No: 2016 NY Slip Op 85654(U)
Decided on September 12, 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.


September 12, 2016

PRESENT: WHALEN, P.J., SMITH, CENTRA, PERADOTTO, AND CARNI, JJ.

APPELLATE DIVISION DOCKET NO. CAF 16-00912
DOCKET NOS. B-00782-15, B-00783-16, B-00784-15,
B-00785-15, B-00786-15, B-00787-15

MATTER OF ISREAL M.-B., JACOB B., MATTHEW M.-B.,

PRECIOUS M.-B., SKYE M.-B., AND TYREKE M.-B.



CAYUGA COUNTY DEPARTMENT OF HEALTH AND

HUMAN SERVICES, PETITIONER-RESPONDENT;

JEANETTE M., RESPONDENT-APPELLANT.


Petitioner-respondent having moved to dismiss the appeal taken herein from an order of the Family Court, Cayuga County, entered in the Office of the Clerk of said Court on May 6, 2016, on the ground that respondent-appellant has failed to perfect the appeal timely,

Now, upon reading and filing the affidavit of Samuel P. Giacona, Esq., sworn to August 11, 2016, and the notice of motion with proof of service thereof, and due deliberation having been had thereon,

It is hereby ORDERED that the amended notice of appeal filed May 26, 2016, shall be treated as valid as to the order of Family Court entered May 6, 2016, and

It is further ORDERED that the motion is granted and appeal is dismissed without costs.

Entered: September 12, 2016

FRANCES E. CAFARELL, Clerk