Hayden v. Rodolfy

Matter of Hayden v Rodolfy

Motion No: 2007-05245

Slip Opinion No: 2008 NYSlipOp 66568(U)

Decided on March 14, 2008

Appellate Division, Second Department, Motion Decision

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This motion is uncorrected and is not subject to publication in the Official Reports.

Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M66552

E/sl

REINALDO E. RIVERA, J.P.

DAVID S. RITTER

EDWARD D. CARNI

WILLIAM E. McCARTHY, JJ.

2007-05245

In the Matter of Nancy A. Hayden, respondent,

v Peter J. Rodolfy, appellant.

(Docket No. O-10311-06)

DECISION & ORDER ON MOTION

Motion by the Law Guardian, inter alia, to dismiss an appeal from an order of the Family Court, Nassau County, dated April 12, 2007, as untimely taken. Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, and upon the application, it is

ORDERED that the branch of the motion which is to dismiss the appeal as untimely taken is granted and the appeal is dismissed, without costs or disbursements (see CPLR 5513; Family Ct Act § 1113); and it is further,

ORDERED that the motion is otherwise denied as academic; and it is further,

ORDERED that the application is denied as academic.

RIVERA, J.P., RITTER, CARNI and McCARTHY, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

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