MATTER OF TIMOTHY SEYMOUR, COMMISSIONER OF SOCIAL SERVICES, ASSIGNEE, ON BEHALF OF NEVAEH R. CRONISER V ELWOOD N. AUSTIN
Motion No: CAF 17-01515
Slip Opinion No: 2018 NY Slip Op 79635(U)
Decided on August 2, 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.


August 2, 2018

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

APPELLATE DIVISION DOCKET NO. CAF 17-01515
DOCKET NO. F-00116-09-16A

MATTER OF TIMOTHY SEYMOUR, COMMISSIONER OF

SOCIAL SERVICES, ASSIGNEE, ON BEHALF OF

NEVAEH R. CRONISER, PETITIONER-RESPONDENT,

V

ELWOOD N. AUSTIN, RESPONDENT-APPELLANT.


Respondent-appellant having moved for an extension of time to perfect the appeal taken herein from an order of the Family Court, Herkimer County, entered in the Office of the Clerk of said Court on August 1, 2017,

Now, upon reading and filing the affirmation of Peter J. DiGiorgio, Jr., Esq., dated July 5, 2018, the statement of Peter J. DiGiorgio, Jr., Esq., dated August 1, 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 granted and respondent-appellant shall file the original stipulated or settled record and ten briefs on the appeal, together with proof of service, on or before October 1, 2018, and in the event of failure to so perfect the appeal is hereby dismissed without further order.

Memorandum: No further extensions of time to perfect will be granted to appellant's present counsel absent an unanticipated and extraordinary excuse for the delay.

Entered: August 2, 2018

MARK W. BENNETT, Clerk