In the Matter of the Application of Rose A. Heavens

Motion No: M-1403

Slip Opinion No: 2018 NYSlipOp 72628(U)

Decided on May 17, 2018

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.

May 17, 2018

In the Matter of the Application of

Rose A. Heavens,

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,

Respondent.

An Article 78 proceeding to review a determination of respondent having been transferred to this Court, pursuant

to CPLR 7804(g), by order of the Supreme Court, Bronx County, entered on or about January 11, 2016, And petitioner having moved for an enlargement of time

to perfect the aforesaid proceeding, and for leave to prosecute the proceeding as a poor person, upon the original record and reproduced petitioner's brief, Now, upon reading and filing the papers with respect to said motion, and due deliberation having been had thereon, It is ordered that the motion is granted to the extent of enlarging the time to perfect the proceeding to on or before August 6, 2018 for the October 2018 Term, and It is further ordered that poor person relief is denied, with leave to renew, upon submission of a notarized affidavit in compliance with CPLR 1101 setting forth petitioner's assets and income. ENTERED: May 17, 2018

_____________________ CLERK

PRESENT: Hon. John W. Sweeny, Jr.,Justice Presiding, Rosalyn H. Richter Richard T. Andrias Troy K. Webber Peter H. Moulton,Justices

M-1403

Index No. 251184/14