In the Matter of the Application of Norma Kirkland

Motion No: M-1006

Slip Opinion No: 2018 NYSlipOp 74648(U)

Decided on May 31, 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 31, 2018

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 an order of this Court having been entered on December 12, 2017 (M-2864), inter alia, denying respondent's motion seeking a vacatur of a stay issued in Supreme Court, and expediting the appeal to the March 2018 Term, And respondents having renewed the motion to vacate the stay in Supreme Court, and for dismissal of the proceeding for failure to timely perfect, Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon,It is ordered that the motion is granted, the stay is vacated, and the proceeding is dismissed. ENTERED: May 31, 2018

_____________________ CLERK

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

M-1006

Index No. 100493/16