IN THE MATTER OF ERIE COUNTY DEPARTMENT OF SOCIAL SERVICES, ON BEHALF OF TONIQUA L. DUNCAN V AZUJHON SIMS
Motion No: CAF 21-00194
Slip Opinion No: 2021 NY Slip Op 65319(U)
Decided on April 26, 2021
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.


April 26, 2021

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

CAF 21-00194
Docket No: F-9628-01

IN THE MATTER OF ERIE COUNTY DEPARTMENT OF SOCIAL SERVICES,

ON BEHALF OF TONIQUA L. DUNCAN, PETITIONER-APPELLANT,

V

AZUJHON SIMS, 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 July 24, 2020,

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 denied, with leave to renew upon the timely filing and service of a new motion that includes an affidavit setting forth sufficient facts to demonstrate a meritorious appeal (see 22 NYCRR 1250.10 [c]).

Entered: April 26, 2021

Mark W. Bennett

Clerk of the Court