Opinion
APPELLATE DIVISION DOCKET NO. CAF 12-00616 DOCKET NO. V-19953-10 V-19954-10
04-14-2014
MATTER OF DENISE SMITH, PETITIONER-APPELLANT, v. ERIE COUNTY CHILDREN'S SERVICES, RESPONDENT-RESPONDENT.
PRESENT: , P.J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.
Petitioner-appellant having moved to vacate the dismissal of the appeal (denominated a motion for an Appellate Division decision and order) taken herein from an order of the Family Court, Erie County, entered in the Office of the Clerk of said Court on August 11, 2011,
Now, upon reading and filing the affidavit of Denise Smith, sworn to March 14, 2014, 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.
Memorandum: Appellant's motion is untimely (see 22 NYCRR 1000.13 [g]).
FRANCES E. CAFARELL, Clerk