| MATTER OF THOMAS A. RAPP V PAMELA A. HORBETT |
| Motion No: CAF 17-01647 |
| Slip Opinion No: 2018 NY Slip Op 72017(U) |
| Decided on May 4, 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 17-01647
DOCKET NO. F-05050-15
| MATTER OF THOMAS A. RAPP, PETITIONER-RESPONDENT, V PAMELA A.
HORBETT, RESPONDENT-APPELLANT. |
Respondent-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 June 16, 2017, and petitioner-respondent having cross-moved to dismiss the appeal,
Now, upon reading and filing affidavits of Pamela A. Horbett, sworn to April 6, 2018, and April 19, 2018, the notices of motion and cross motion with proof of service thereof, and the affidavits of Joan Casilio Adams, Esq., sworn to April 18, 2018, and April 20, 2018, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted and respondent-appellant shall file the original and ten copies of the stipulated or settled record and ten briefs on the appeal, together with proof of service, on or before May 25, 2018, and in the event of failure to so perfect the appeal is hereby dismissed without further order, and
It is further ORDERED that the cross motion is dismissed.
Entered: May 4, 2018
MARK W. BENNETT, Clerk