| Matter of Ortiz v Office of Children & Family Services |
| Motion No: 2008-03274 |
| Slip Opinion No: 2009 NYSlipOp 67098(U) |
| Decided on March 19, 2009 |
| 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. |
Appellate Division: Second Judicial Department
M83838
E/sl
STEVEN W. FISHER, J.P.
ANITA R. FLORIO
JOSEPH COVELLO
JOHN M. LEVENTHAL, JJ.
|
2008-03274 In the Matter of Rafaela Ortiz, petitioner, v Office of Children & Family Services, et al., respondents. (Index No. 80351/07)
| DECISION & ORDER ON MOTION |
Motion by the respondent Office of Children & Family Services in a proceeding pursuant to CPLR article 78, which was transferred to this court by an order of the Supreme Court, Richmond County, dated February 13, 2008, in effect, for leave to file a supplemental appendix and to enlarge the time to serve and file a brief.
Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the branch of the motion which is for leave to file a supplemental appendix is denied as unnecessary as the movant may file an appendix without leave of the court (see CPLR 5528[b]); and it is further,
ORDERED that the branch of the motion which is to enlarge the movant's time to serve and file a brief and appendix is granted and the movant's time to serve and file a brief and appendix is enlarged until April 15, 2009, and the movant's brief and appendix must be served and filed on or before that date.
FISHER, J.P., FLORIO, COVELLO and LEVENTHAL, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court