Matter of Kessler v State of New York Office of Children and
Motion No: 2008-05520
Slip Opinion No: 2009 NY Slip Op 80032(U)
Decided on August 7, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M90504

E/sl

STEVEN W. FISHER, J.P.

THOMAS A. DICKERSON

RANDALL T. ENG

ARIEL E. BELEN, JJ.

2008-05520

In the Matter of Freda Leichter Kessler, petitioner,

v State of New York Office of Children and

Family Services, respondent.

(Index No. 07-13871)

DECISION & ORDER ON MOTION

Motion by the petitioner to enlarge the time to perfect a proceeding pursuant to CPLR article 78, which was transferred to this court by an order of the Supreme Court, Westchester County, entered February 21, 2008.

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 motion is denied; and it is further,

ORDERED that on the court's own the motion, the proceeding is dismissed, without costs or disbursements, for failure to timely perfect in accordance with the rules of this court (see 22 NYCRR 670.8[e]).

FISHER, J.P., DICKERSON, ENG and BELEN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court