Opinion
Motion No: CAF 11-02363 DOCKET NO. B-19586-87-09
02-28-2012
MATTER OF KQUAMERE R. AND SYRIA W. ERIE COUNTY DEPARTMENT OF SOCIAL SERVICES, PETITIONER-RESPONDENT; v. LATASHA B., RESPONDENT-APPELLANT.
PRESENT: , P.J., SMITH, CENTRA, CARNI, AND LINDLEY, JJ.
The attorney for the children having moved to dismiss the appeal taken herein from an order of the Family Court, Erie County, entered in the Office of the Clerk of said Court on April 13, 2011,
Now, upon reading and filing the affirmation of Jeffrey M. Harrington, Esq., dated December 29, 2011, the notice of motion with proof of service thereof, and the affidavit of Denis A. Kitchen, Esq., sworn to February 2, 2012, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is denied.
Memorandum: To constitute "an official notation in the court record as to the date and the manner of service of the order," as is required to commence the appeal period when service of the order is made by the court (Family Court Act § 1113), the notation must set forth whether the order was received by the parties in court or was mailed to the parties by the clerk of the court and the date that such service occurred and must include the full names of the persons served, their addresses if service was by mail, and the full name and title of the person making the notation.
FRANCES E. CAFARELL, Clerk