PRESENT: WHALEN, P.J., SMITH, LINDLEY, CURRAN, AND BANNISTER, JJ.

CA 23-00138 and CA 23-00481

IN THE MATTER OF THE APPLICATION OF DANIEL JONES, PETITIONER-APPELLANT, APPEAL NO. 1 V COUNTY OF ERIE, MARK POLONCARZ, COUNTY EXECUTIVE, AND ERIE COUNTY DEPARTMENT OF SOCIAL SERVICES, CHILD SUPPORT ENFORCEMENT UNIT, RESPONDENTS. IN THE MATTER OF THE APPLICATION OF DANIEL JONES, PETITIONER-APPELLANT, V COUNTY OF ERIE, OFFICE OF CHILD SUPPORT ENFORCEMENT, ERIE COUNTY DEPARTMENT OF SOCIAL SERVICES, RESPONDENTS-RESPONDENTS. APPEAL NO. 2

Appellant having moved to vacate the dismissal of the appeals and for an order compelling respondents to stipulate to the record on the appeals taken herein from orders of the Supreme Court, Erie County, September 1, 2022 and January 25, 2023, and for other relief,

Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon,

It is hereby ORDERED that the motion insofar as it seeks to vacate the dismissal of appeal no. 1 (CA 23-00138)is denied as untimely (see 22 NYCRR 1250.10 [c]), and

It is further ORDERED that the motion insofar as it seeks to vacate dismissal of appeal no. 2 (CA 23-00481), is granted on the condition that the appeal is perfected on or before July 2, 2024, and

It is further ORDERED that the motion insofar as it seeks an order compelling respondents to stipulate to the record on appeal, and for other relief, is denied without prejudice to a motion in Supreme Court to settle the record on appeal (see Matter of Stewart v Soda, 239 AD2d 966 [4th Dept 1997]; 22 NYCRR 1250.7 [g]; 1000.7 [b]).

Entered: May 29, 2024

Ann Dillon Flynn

Clerk of the Court