| MATTER OF BRADY SCHULTZ, V DARLA BERKE AND TIMOTHY BERKE, , AND JEANETTE BERKE |
| Motion No: CAF 17-00263 |
| Slip Opinion No: 2017 NY Slip Op 92268(U) |
| Decided on November 2, 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. |
PRESENT: SMITH, J.P., CENTRA, PERADOTTO, CARNI, AND LINDLEY, JJ.
APPELLATE DIVISION DOCKET NO. CAF 17-00263
DOCKET NO. V-14153-11-15A
| MATTER OF BRADY SCHULTZ,
PETITIONER-RESPONDENT-APPELLANT, V DARLA BERKE AND TIMOTHY BERKE, RESPONDENTS-APPELLANTS-RESPONDENTS, AND JEANETTE
BERKE, RESPONDENT-RESPONDENT. |
Petitioner having moved to vacate the dismissal of the cross-appeal taken herein from an order of the Family Court, Monroe County, entered in the Office of the Clerk of said Court on November 21, 2016,
Now, upon reading and filing the affirmation of Michael Steinberg, Esq., dated October 16, 2017, the notice of motion with proof of service thereof, and the affirmation of Paul B. Watkins, Esq., dated October 25, 2017, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted and the brief of petitioner filed October 10, 2017, is accepted as a respondent-appellant's brief, and
It is further ORDERED that responsive briefs, together with proof of service, be filed on or before on or before December 4, 2017, and the Clerk is directed to accept said briefs for filing.
Entered: November 2, 2017
MARK W. BENNETT, Clerk