| IN THE MATTER OF AN APPLICATION FOR A SUBSEQUENT RETENTION ORDER PURSUANT TO SECTION 330.20 IN RELATION TO S.J. V STATE |
| Motion No: CA 13-00084 |
| Slip Opinion No: 2013 NY Slip Op 82953(U) |
| Decided on August 20, 2013 |
| 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., CENTRA, CARNI, LINDLEY, AND SCONIERS, JJ.
DOCKET NO. CA 13-00084
| IN THE MATTER OF AN APPLICATION FOR A SUBSEQUENT
RETENTION ORDER PURSUANT TO SECTION 330.20 IN RELATION TO S.J., RESPONDENT-APPELLANT, V STATE OF NEW YORK,
PETITIONER-RESPONDENT. |
Petitioner having moved to dismiss as moot the appeal taken herein from an order of the Monroe County Court entered in the Office of the Clerk of the County of Monroe on August 6, 2012, and, in the alternative, having moved for an extension of time to file and serve a respondent's brief on the appeal,
Now, upon reading and filing the affirmations of Zainab A. Chaudhry, Esq., dated July 16, 2013, and August 1, 2013, the notice of motion with proof of service thereof, and the affirmation of Brian Shiffrin, Esq., dated July 23, 2013, and due deliberation having been had thereon,
It is hereby ORDERED that the motion insofar as it seeks to dismiss the appeal is denied, with leave to raise the issue of mootness in respondent's brief, and
It is further ORDERED that the motion insofar as it seeks an extension of time to file and serve a respondent's brief is granted on the condition that the brief is filed and served on or before September 10, 2013, and the Clerk is directed to accept the brief for filing, and
It is further ORDERED that reply briefs, if any, shall be filed and served on or before September 25, 2013.
Entered: August 20, 2013
Frances E. Cafarell, Clerk