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Notice Of Motion To Extend Time To Perfect Appeal-Affidavit In Support-Affidavit Of Service (Family Court) - New York
| Notice Of Motion To Extend Time To Perfect Appeal-Affidavit In Support-Affidavit Of Service (Family Court) Form. This is a New York form and can be used in Appeals 4th Department Appellate Division Appellate Courts . |
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January 2011 SUPREME COURT OF THE STATE OF NEW YORK APPELLATE DIVISION, FOURTH DEPARTMENT MATTER OF ) NOTICE OF MOTION TO ) EXTEND TIME TO ) PERFECT APPEAL ) )# ) (Insert Family Court Docket Number) ) )# ) (Insert AD Docket No.) ) (INSERT TITLE OF ACTION ABOVE) PLEASE TAKE NOTICE, that upon the annexed affidavit(s), the undersigned will move this Court at a term of the Appellate Division, 50 East Avenue, Rochester, New York, 14604 on the day of , 20 , for an order granting appellant an extension of time to perfect the appeal herein, and for such other and further relief as to the Court may seem just and proper. PLEASE TAKE FURTHER NOTICE, that this motion will be submitted without oral argument (see 22 NYCRR 1000.13 [a] [6]). Answering affidavits, if any, must be filed with the Court on or before the Friday preceding the return date. Dated: , 20 (Name and address of moving party or attorney) TO: (Name and addresses of opposing parties, or attorneys, and Attorney for the Child, if any) American LegalNet, Inc. www.FormsWorkFlow.com SUPREME COURT OF THE STATE OF NEW YORK APPELLATE DIVISION, FOURTH DEPARTMENT ) ) ) ) ) ) ) ) ) ) January 2011 MATTER OF AFFIDAVIT IN SUPPORT OF MOTION TO EXTEND TIME TO PERFECT APPEAL # (Insert Family Court Docket Number) # (Insert AD Docket Number) STATE OF NEW YORK COUNTY OF ss: , being duly sworn, deposes and says: 1. That I am (select one): appellant counsel for appellant and submit this affidavit in support of a motion for an extension of time to perfect the appeal. 2. That this affidavit is made in support of a motion for an extension of time to perfect the appeal taken herein from an order of the ______________ County Family Court (Hon. order) . 3. A notice of appeal was filed served on all necessary parties on ___________________, 20 , 20___ and was . , J.), entered , in which (set forth nature of 4. That the complete transcript of stenographic and/or audiotaped minutes was filed on . 5. That an extension of time to file and serve the records and briefs is being sought for the following reasons: . (If the reason for the delay is that transcripts are missing or have not been filed, list the 1 American LegalNet, Inc. www.FormsWorkFlow.com name[s] of the court reporter[s] and the specific minutes that have not been filed [e.g., fact-finding hearing] and any anticipated filing date). 6. That (select one): no prior extension has been granted by the Court the Court previously extended the time to perfect the appeal on and attach copies of any prior orders of the Court). WHEREFORE, deponent requests an extension of time to file and serve the records and briefs in this matter to . (list any and all dates Appellant/Counsel for appellant Sworn to before me this day of , 20 NOTARY PUBLIC/COMMISSIONER OF DEEDS My commission expires: 2 American LegalNet, Inc. www.FormsWorkFlow.com SUPREME COURT OF THE STATE OF NEW YORK APPELLATE DIVISION, FOURTH DEPARTMENT ) ) ) ) ) ) ) ) ) ) January 2011 MATTER OF AFFIDAVIT OF SERVICE OF MOTION TO EXTEND TIME TO PERFECT APPEAL # (Insert Family Court Docket Number) # (Insert AD Docket Number) STATE OF NEW YORK) COUNTY OF ) ss.: , being duly sworn, deposes and says that (s)he is not a party to this action, is over 18 years of age, and resides at . That on the day of , 20 , your deponent served the within Motion to Extend Time to Perfect Appeal by depositing a true copy thereof enclosed in a post-paid wrapper in an official depository under the exclusive care and custody of the U.S. Postal Service within New York State, addressed to each of the following parties and/or their attorneys at the last known address set forth after each name: (PRINT NAME BELOW SIGNATURE) Sworn to before me this day of , 20 NOTARY PUBLIC/COMMISSIONER OF DEEDS My commission expires: American LegalNet, Inc. www.FormsWorkFlow.com
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