| Matter of S. (Anonymous), Benjamin S.; Administration for Children's S |
| Motion No: 2017-03702 |
| Slip Opinion No: 2017 NY Slip Op 95952(U) |
| Decided on December 18, 2017 |
| 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
M243297
E/ct
RUTH C. BALKIN, J.P.
JOHN M. LEVENTHAL
SYLVIA O. HINDS-RADIX
JOSEPH J. MALTESE, JJ.
|
2017-03702 In the Matter of Benjamin S. S. (Anonymous). Administration for Children's Services, petitioner- respondent; Randy S. (Anonymous), respondent- appellant. (Docket No. N-9115-15)
| DECISION & ORDER ON MOTION |
Motion by the respondent-appellant to recall and vacate a decision and order on motion of this Court dated October 10, 2017, which dismissed an appeal from an order of the Family Court, Queens County, dated March 7, 2017, for failure to timely perfect.
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 motion is granted, the decision and order on motion of this Court dated October 10, 2017, is recalled and vacated, the appeal is reinstated, and the appellant's time to perfect the appeal by causing the original papers constituting the record on the appeal to be filed in the office of the Clerk of this Court (see 22 NYCRR 670.9[d][2]), and by serving and filing a brief on the appeal is enlarged until January 18, 2018; and it is further,
ORDERED that no further enlargement of time shall be granted.
BALKIN, J.P., LEVENTHAL, HINDS-RADIX and MALTESE, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court