MATTER OF DENISE SMITH V ERIE COUNTY CHILDREN'S SERVICES
Motion No: CAF 16-00171
Slip Opinion No: 2017 NY Slip Op 65779(U)
Decided on February 28, 2017
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.


February 28, 2017

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

APPELLATE DIVISION DOCKET NO. CAF 16-00171
DOCKET NO. V-18440-15

MATTER OF DENISE SMITH, PETITIONER-APPELLANT,

V

ERIE COUNTY CHILDREN'S SERVICES, RESPONDENT-RESPONDENT.


Petitioner-appellant having moved for an extension of time to perfect the appeal taken herein from an order of the Family Court, Erie County, entered in the Office of the Clerk of said Court on December 23, 2015,

Now, upon reading and filing the affidavit of Denise Smith, sworn to February 7, 2017, 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 dismissed without prejudice to a motion to vacate dismissal of the appeal (see 22 NYCRR 1000.13 [g]).

Entered: February 28, 2017

FRANCES E. CAFARELL, Clerk