| IN THE MATTER OF JANE F. NIETHE, AS PARENT AND NATURAL GUARDIAN FOR LEAVE TO CHANGE MINORS' NAMES TO DOMINIC ROBERT |
| Motion No: CA 15-00544 |
| Slip Opinion No: 2016 NY Slip Op 94964(U) |
| Decided on December 19, 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 15-00544
| IN THE MATTER OF JANE F. NIETHE, AS PARENT AND NATURAL GUARDIAN FOR
LEAVE TO CHANGE MINORS' NAMES TO DOMINIC ROBERT MCCARTHY AND DILLAN LEONARD MCCARTHY, PETITIONER-RESPONDENT; DANIEL W.
DEPERNO, RESPONDENT-APPELLANT. |
Appellant having moved to vacate the dismissal of the appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Niagara on March 3, 2015,
Now, upon reading and filing the affidavit of Daniel W. DePerno sworn to November 28, 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 granted, on the condition that appellant perfects the appeal on or before February 17, 2017.
Entered: December 19, 2016
Frances E. Cafarell, Clerk