| Matter of Blau v New York State Office of Victim Services |
| Motion No: 2011-05776 |
| Slip Opinion No: 2012 NY Slip Op 80878(U) |
| Decided on August 8, 2012 |
| 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
M141753
E/ct
RUTH C. BALKIN, J.P.
CHERYL E. CHAMBERS
LEONARD B. AUSTIN
JEFFREY A. COHEN, JJ.
|
2011-05776 In the Matter of Sharon Blau, petitioner, v New York State Office of Victim Services, et al., respondents. (Index No. 2587/11)
| DECISION & ORDER ON MOTION |
Motion by the petitioner to recall and vacate so much of a decision and order on motion of this Court, entitled "In the Matter of the Dismissal of Causes for Failure to Perfect - February 2012," dated February 3, 2012, as dismissed a proceeding pursuant to CPLR article 78, which was transferred to this Court by order of the Supreme Court, Nassau County, dated May 19, 2011, pursuant to 22 NYCRR 670.8(e) for failure to timely perfect, to reinstate the proceeding, to enlarge the time to perfect the proceeding, for leave to prosecute the proceeding on the original papers, and to waive payment of the filing fee.
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 branches of the motion which are to recall and vacate so much of the decision and order on motion dated February 3, 2012, as dismissed this proceeding for failure to timely perfect, to reinstate the proceeding, and to enlarge the time to perfect the proceeding are granted, so much of the decision and order on motion of this Court dated February 3, 2012, as dismissed the proceeding, is recalled and vacated, and the time to perfect the proceeding is enlarged until September 24, 2012; and it is further,
ORDERED that the branch of the motion which is for leave to prosecute the proceeding on the original papers is granted, and the proceeding will be heard on the original papers (including the transcript of the proceedings, if any) and on the briefs of the parties, who are directed to file nine copies of their respective briefs and to serve one copy on each other; and it is further,
ORDERED that the branch of the motion which is to waive payment of the filing fee is denied as unnecessary as no filing fee is payable in a proceeding pursuant to CPLR article 78 that was transferred to this Court by an order of the Supreme Court.
BALKIN, J.P., CHAMBERS, AUSTIN and COHEN, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court