IN THE MATTER OF JOSHUA GILBERT V ANNIE FITZPATRICK
Motion No: CAF 20-00900
Slip Opinion No: 2020 NY Slip Op 72136(U)
Decided on September 21, 2020
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.


September 21, 2020

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

CAF 20-00900
Docket No: 217-19

IN THE MATTER OF JOSHUA GILBERT, PETITIONER-RESPONDENT,

V

ANNIE FITZPATRICK, RESPONDENT-APPELLANT.


Respondent-appellant having moved to vacate the dismissal of the appeal taken herein from an order of the Family Court, Cattaraugus County, entered December 18, 2019, and for other relief,

Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is in all respects granted, and

It is further ORDERED that Lyle T. Hajdu, Esq., 414 East Fairmount Street, PO Box 414, Lakewood, New York 14750, is hereby assigned as counsel to conduct the appeal, and

It is further ORDERED that the Cattaraugus County Family Court Clerk provide Lyle T. Hajdu, Esq., with copies of all papers and transcripts of stenographic, digitally recorded, or audiotaped minutes, if any, of the proceedings upon which the appeal is based, and

It is further ORDERED that the record and briefs are to be filed and served within 60 days of the filing of the transcripts with the Cattaraugus County Family Court Clerk.

Entered: September 21, 2020

Mark W. Bennett

Clerk of the Court