| MATTER OF KATELYN VACINEK-WHITE V JOHNNY E. BURAU |
| Motion No: CAF 18-00356 |
| Slip Opinion No: 2018 NY Slip Op 81292(U) |
| Decided on August 22, 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: PERADOTTO, J.P., DEJOSEPH, NEMOYER, TROUTMAN, AND WINSLOW, JJ.
APPELLATE DIVISION DOCKET NO. CAF 18-00356
DOCKET NO. F-11468-15-16C
| MATTER OF KATELYN VACINEK-WHITE,
PETITIONER-RESPONDENT, V JOHNNY E. BURAU, RESPONDENT-APPELLANT. |
Counsel for respondent-appellant having moved to dismiss the appeal taken herein from an order of the Family Court, Erie County, entered in the Office of the Clerk of said Court on February 22, 2018,
Now, upon reading and filing the affirmation of Denis A. Kitchen, Esq., dated July 16, 2018, and the notice of motion with proof of service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that motion is granted to the extent that the dismissal of the appeal for failure to prosecute is vacated, and the appeal is dismissed as moot.
Entered: August 22, 2018
MARK W. BENNETT, Clerk