Opinion
Motion No: CAF 11-00761 DOCKET NO. V-15408-08-10C V-15409-08/10C
09-12-2011
MATTER OF DAVID J. LEE, PETITIONER-APPELLANT, v. BREANNA HARRIS, RESPONDENT-RESPONDENT.
PRESENT: , P.J., SMITH, CENTRA, FAHEY, AND PERADOTTO, 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 March 9, 2011, on the ground that petitioner-appellant has failed to perfect the appeal timely,
Now, upon reading and filing the affidavit of David B. Smith, Esq., sworn to August 25, 2011, and the notice of motion with proof of service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is denied.
PATRICIA L. MORGAN, Clerk