In the Matter of the Application of Luigi Montilla

Motion No: M-2644

Slip Opinion No: 2018 NYSlipOp 79318(U)

Decided on August 2, 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.

August 2, 2018

In the Matter of the Application of

Luigi Montilla,

Petitioner,

For a Judgment Pursuant to Article 78 of the Civil Practice Law and Rules, DC #10

v

New York State Office of Children and

Family Services,

Respondent.

A proceeding having been transferred to this Court, pursuant to CPLR 7804(g), by order of the Supreme Court, Bronx County, entered on or about July 7, 2017 And said proceeding not having been brought on for hearing pursuant to the provisions of the Rules of Practice of the Appellate Division, First Department, And a calendar call having been held by the Clerk of the Court on May 31, 2018, pursuant to Rule 600.12(c) of said Rules of Practice, and there being no response by counsel and/or appellant,Now, upon the Court's own motion, it is Ordered that the motion is granted and the proceeding is dismissed. ENTERED: August 2, 2018

_____________________ CLERK

Present - Hon. Rosalyn H. Richter, Justice Presiding, Peter Tom Angela M. Mazzarelli Ellen Gesmer Peter H. Moulton, Justices

M-2644

Index No. 250926/16