In the Matter of Charles Y. Diana Jones as Commissioner of Office of Mental Retardation and Developmental Disabilities; Charles Y..

Motion No: 507474

Slip Opinion No: 2009 NY Slip Op 81665(U)

Decided on August 19, 2009

Appellate Division, Third 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.

Decided and Entered: August 19, 2009

Case # 507474

In the Matter of CHARLES Y. DIANA JONES, as Commissioner of Office of Mental Retardation and Developmental Disabilities, Appellant; CHARLES Y., Respondent.

DECISION AND ORDER ON MOTION

Motion to dismiss appeal.

Cross motion for permission to appeal and for stay pending appeal.

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

ORDERED that the motion to dismiss the appeal is granted, without costs, and it is further

ORDERED that the cross motion for permission to appeal and for a stay pending appeal is granted, without costs, and the appeal is set down for the October 2009 term. Appellant shall file and serve the record on appeal and brief on or before August 28, 2009. Respondent's brief shall be filed and served on or before September 18, 2009. The reply brief, is any, shall be filed and served on or before September 25, 2009.
CARDONA, P.J., MERCURE, PETERS, MALONE JR. and McCARTHY, JJ., concur.
ENTER:

Michael J. Novack
Clerk of the Court