| IN THE MATTER OF TARA N. PERTHEL-TUCKER V EMMA PERTHEL-TUCKER |
| Motion No: CAF 21-00561 |
| Slip Opinion No: 2021 NY Slip Op 75717(U) |
| Decided on December 3, 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. |
PRESENT: WHALEN, P.J., SMITH, CENTRA, PERADOTTO, AND CARNI, JJ.
CAF 21-00561
Docket No: O-00403-20
| IN THE MATTER OF TARA N. PERTHEL-TUCKER,
PETITIONER-RESPONDENT, V EMMA PERTHEL-TUCKER, RESPONDENT-APPELLANT. |
Respondent-appellant having moved to reschedule oral argument on the appeal taken herein from an order of the Family Court, Steuben County, entered April 1, 2021,
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 notice of appeal dated April 13, 2021, shall be treated as valid and the appeal shall be deemed to be taken from the order of protection entered April 1, 2021, which constitutes the order of disposition pursuant to Family Court Act § 841 (d) (see CPLR 5520 [c]), and
It is further ORDERED that the motion is granted to the extent that the appeal is removed from the calendar for the term of this Court commencing March 28, 2022, and is added to the calendar for the term commencing February 14, 2022, to be argued on the same date as the appeal taken under Appellate Division Docket Number CAF 21-00468.
Entered: December 3, 2021
Ann Dillon Flynn
Clerk of the Court