In the Matter of the Application of Norma Kirkland

Motion No: M-2864

Slip Opinion No: 2017 NYSlipOp 95131(U)

Decided on December 12, 2017

Appellate Division, First 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.

December 12, 2017

In the Matter of the Application of

Norma Kirkland,

Petitioner,

For a Judgment Pursuant to Article 78

of the Civil Practice Law and Rules, v

New York State Office of Children

and Family Services, et al.,

Respondents.

An Article 78 proceeding to review a determination of respondents having been transferred to this Court, pursuant to CPLR 7804(g), by order of the Supreme Court, New York County, entered on or about May 16, 2016, And respondents having moved to vacate the Supreme Court's prior stay or, in the alternative, to expedite the appeal and to direct that the proceeding be dismissed and said stay vacated if the petitioner does not timely perfect, Now, upon reading and filing the papers with respect to said motion, and due deliberation having been had thereon, It is ordered that so much of the motion seeking vacatur of the stay is denied, the appeal is expedited to the March 2018 Term, with leave to renew the present stay should petitioner fail to timely perfect. ENTERED: December 12, 2017

_____________________ CLERK

PRESENT: Hon. David Friedman,Justice Presiding, John W. Sweeny, Jr. Dianne T. Renwick Richard T. Andrias,Justices

M-2864

Index No. 100493/16