MATTER OF FLINT A. DAVIS, JR. V KRISTA B. MURPHY
Motion No: CAF 16-02107
Slip Opinion No: 2016 NY Slip Op 93666(U)
Decided on December 5, 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.


December 5, 2016

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

APPELLATE DIVISION DOCKET NO. CAF 16-02107
DOCKET NOS. V-00314-15, V-00313-15
DOCKET NOS. V-00332-15, V-00331-15

MATTER OF FLINT A. DAVIS, JR., PETITIONER-APPELLANT,

V

KRISTA B. MURPHY, RESPONDENT-RESPONDENT.



MATTER OF KRISTA B. MURPHY, PETITIONER-RESPONDENT,

V

FLINT A. DAVIS, JR., RESPONDENT-APPELLANT.


Appellant having moved to vacate the dismissal of the appeal taken herein from an order of the Family Court, Herkimer County, entered in the Office of the Clerk of said Court on September 14, 2015,

Now, upon reading and filing the affidavit of Flint A. Davis, Jr., sworn to November 14, 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 is denied with leave to renew upon the submission of a new motion that includes, among other things, an affidavit setting forth sufficient facts to demonstrate a meritorious appeal (see 22 NYCRR 1000.13 [g]).

Entered: December 5, 2016

FRANCES E. CAFARELL, Clerk