| MATTER OF DENISE SMITH V ERIE COUNTY CHILDREN'S SERVICES |
| Motion No: CAF 16-00171 |
| Slip Opinion No: 2018 NY Slip Op 64814(U) |
| Decided on February 20, 2018 |
| 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.
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 to vacate the dismissal of 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, and for other relief,
Now, upon reading and filing the affidavit of Denise Smith, sworn to February 7, 2018, 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 as untimely (see 22 NYCRR 1000.13 [g]).
Entered: February 20, 2018
MARK W. BENNETT, Clerk