Opinion
DOCKET NO. CA 15-00544
05-17-2016
IN THE MATTER OF JANE F. NIETHE, AS PARENT AND NATURAL GUARDIAN FOR LEAVE TO CHANGE MINORS' NAMES TO DOMINIC ROBERT MCCARTHY AND DILLAN LEONARD MCCARTHY, PETITIONER-RESPONDENT; v. DANIEL W. DEPERNO, RESPONDENT-APPELLANT.
PRESENT:
Appellant having moved to supplement the record on the appeal taken herein from an order of Supreme Court entered in the Office of the Clerk of the County of Niagara on March 3, 2015,
Now, upon reading and filing the affidavit of Daniel W. DePerno sworn to April 28, 2016, the notice of motion with proof of service thereof, and the affidavit of Edward J. Martin, Esq., sworn to May 6, 2016, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is denied without prejudice to a motion to resettle the record in Supreme Court (see 22 NYCRR 1000.4 [a] [1] [ii]; Stewart v Soda ).
Entered: May 17, 2016
Frances E. Cafarell, Clerk