IN THE MATTER OF BENITA N. AGEE V MILTON M. VIDAL
Motion No: CAF 24-01395
Slip Opinion No: 2025 NY Slip Op 63559(U)
Decided on February 18, 2025
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.


February 18, 2025

PRESENT: WHALEN, P.J., LINDLEY, CURRAN, BANNISTER, AND MONTOUR, JJ.

CAF 24-01395
Docket Nos: V-00994-11/23C, V-00994-11/23C (Motion 1)

IN THE MATTER OF BENITA N. AGEE, PETITIONER-RESPONDENT,

V

MILTON M. VIDAL, RESPONDENT-RESPONDENT.



DEBORAH JESSEY, ESQ., ATTORNEY FOR THE CHILD, APPELLANT.


Appellant having moved to vacate the dismissal of the appeal taken herein from an order of the Family Court, Niagara County, entered July 10, 2024,

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: February 18, 2025

Ann Dillon Flynn

Clerk of the Court