| IN THE MATTER OF KHALID EMERSON V NEW YORK STATE OFFICE OF CHILDREN AND FAMILY SERVICES |
| Motion No: TP 15-00796 |
| Slip Opinion No: 2016 NY Slip Op 93669(U) |
| Decided on December 5, 2016 |
| 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: WHALEN, P.J., SMITH, CENTRA, PERADOTTO, AND CARNI, JJ.
DOCKET NO. TP 15-00796
| IN THE MATTER OF KHALID EMERSON, PETITIONER, V NEW YORK STATE
OFFICE OF CHILDREN AND FAMILY SERVICES, RESPONDENT. |
Respondent having moved for permission to file and serve a verified answer and record of proceedings in 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 Erie on May 8, 2015,
Now, upon reading and filing the affirmation of Joseph M. Spadola, Esq., dated November 9, 2016, and the notice of motion with proof of service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted to the extent that the answer and record of proceeding are filed and served pursuant to this Court's rules on or before December 12, 2016, and
It is further ORDERED that the motion is otherwise denied.
Entered: December 5, 2016
Frances E. Cafarell, Clerk