| IN THE MATTER OF DEAN DEROBERTS V NEW YORK STATE OFFICE OF CHILDREN AND FAMILY SERVICES |
| Motion No: TP 16-00896 |
| Slip Opinion No: 2017 NY Slip Op 65755(U) |
| Decided on February 28, 2017 |
| 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 16-00896
| IN THE MATTER OF DEAN DEROBERTS, PETITIONER, V NEW YORK STATE
OFFICE OF CHILDREN AND FAMILY SERVICES, RESPONDENT. |
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 Onondaga on May 23, 2016,
Now, upon reading and filing the affirmation of Vincent J. Finocchio, Jr., Esq., dated February 7, 2017, the notice of motion with proof of service thereof, and the statement of Allyson B. Levine, Esq., dated February 22, 2017, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted, on the condition that the briefs are filed and served on or before March 29, 2017.
Entered: February 28, 2017
Frances E. Cafarell, Clerk