Opinion
Motion No CAF 23-00331 Docket Nos. NA-1612-22 NA-1613-22 NA-1614-22 NA-1615-22
07-25-2023
IN THE MATTER OF MEKAYLA S. AND GABRIEL H. ERIE COUNTY DEPARTMENT OF SOCIAL SERVICES, PETITIONER-RESPONDENT; DANIEL K., RESPONDENT-APPELLANT, AND MELANIE H., ALSO KNOWN AS MELANIE S., RESPONDENT.
Unpublished Opinion
MOTION DECISION
PRESENT: WHALEN, P.J., PERADOTTO, MONTOUR, OGDEN, AND GREENWOOD, JJ.
An appeal having been taken herein from an order of the Family Court, Erie County, entered November 4, 2022, and respondent-appellant having moved for an order, pursuant to CPLR 5520 (c), treating the notice of appeal as valid as to the orders of Family Court entered December 15, 2022, and to vacate the dismissal of the appeals, 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 relief pursuant to CPLR 5520 (c) is granted, and the notice of appeal filed November 29, 2022, shall be treated as valid as to the orders of fact-finding and disposition entered December 15, 2022, under Appellate Division docket numbers CAF 23-00849 (Mekayla S.) and CAF 23-01211 (Gabriel H.), and
It is further ORDERED that the motion insofar as it seeks to vacate the dismissal of the appeals is granted on the condition that the appeals are perfected on or before August 24, 2023.