Opinion
APPELLATE DIVISION DOCKET NO. CAF 14-02269 DOCKET NO. O-09975-13
03-04-2015
MATTER OF KATHLEEN MARTIN, PETITIONER-RESPONDENT, v. CHARLES J. FLYNN, RESPONDENT-APPELLANT.
PRESENT: , SMITH, CENTRA, CARNI, AND LINDLEY, JJ.
Respondent-appellant having moved to consolidate the appeals taken herein from orders of the Family Court, Erie County, entered in the Office of the Clerk of said Court on September 19, 2014, and for an extension of time to perfect,
Now, upon reading and filing the affirmation of Marc Shatkin, Esq., dated February 10, 2015, the notice of motion with proof of service thereof, and the affidavit of David E. Gutowski, Esq., sworn to February 19, 2015, and due deliberation having been had thereon,
It is hereby ORDERED that the motion insofar as it seeks consolidation is denied on the ground that an appeal as of right lies only from the Order of
Fact-Finding and Disposition (see Family Court Act § 1112 [a]), and
It is further ORDERED that the motion insofar as it seeks an extension of time to perfect the appeal taken from the Order of Fact-Finding and Disposition is granted and respondent-appellant shall file the original and ten copies of the stipulated or settled record and ten briefs on the appeal, together with proof of service, on or before May 5, 2015, and in the event of failure to so perfect the appeal is hereby dismissed without further order.
Entered: March 4, 2015
FRANCES E. CAFARELL, Clerk