| IN THE MATTER OF TIMOTHY BEARDSLEE V NEW YORK STATE OFFICE OF CHILDREN & FAMILY SERVICES AND LIVINGSTON COUNTY |
| Motion No: TP 11-01737 |
| Slip Opinion No: 2012 NY Slip Op 71998(U) |
| Decided on May 1, 2012 |
| Appellate Division, Fourth 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. |
PRESENT: SCUDDER, P. J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.
DOCKET NO. TP 11-01737
| IN THE MATTER OF TIMOTHY BEARDSLEE, PETITIONER, V NEW YORK
STATE OFFICE OF CHILDREN & FAMILY SERVICES AND LIVINGSTON COUNTY DEPARTMENT OF SOCIAL SERVICES,
RESPONDENTS. |
Petitioner having moved to vacate the dismissal of this CPLR article 78 proceeding transferred to this Court by an order of the Supreme Court entered in the Office of the Clerk of the County of Monroe on August 24, 2011,
Now, upon reading and filing the affirmation of Chad M. Hummel, Esq., dated April 4, 2012, the notice of motion with proof of service thereof, and the affirmation of Allyson B. Levine, Esq., dated April, 16, 2012, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted on the condition that petitioner files and serves the brief on or before May 31, 2012, and the Clerk is directed to accept the brief for filing, and
It is further ORDERED that respondents' briefs shall be filed and served on or before July 5, 2012, and the Clerk is directed to accept the briefs for filing.
Entered: May 1, 2012
Frances E. Cafarell, Clerk