IN THE MATTER OF LUCILLE A. DAVIDSON V PHILLIP RICE
2026 NY Slip Op 67105(U)
April 6, 2026
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law ยง 431.
This motion is uncorrected and is not subject to publication in the Official Reports.
IN THE MATTER OF LUCILLE A. DAVIDSON, PETITIONER-APPELLANT,
v
PHILLIP RICE, RESPONDENT-RESPONDENT.
Supreme Court of the State of New York, Appellate Division : Fourth Judicial Department
April 6, 2026
CAF 25-01955 Docket No: V-00459-18/23F
Present: Whalen, P.J., Lindley, Curran, Bannister, And Montour, JJ.
[*1]Petitioner-appellant having moved to vacate the dismissal of the appeal (denominated a motion for an extension of time to perfect the appeal) taken herein from an order of the Family Court, Chautauqua County, entered March 28, 2025, for leave to discharge counsel and proceed pro se, 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 insofar as it seeks to vacate the dismissal of the appeal is granted on the condition that the appeal is perfected on or before June 5, 2026, and
It is further ORDERED that the motion insofar as it seeks leave to discharge counsel and proceed pro se is dismissed as unnecessary, and
It is further ORDERED that the motion is otherwise denied.
Entered: April 6, 2026
Ann Dillon Flynn
Clerk of the Court