DENISE CHILSON-CLINE V SHEILA J. POOLE, ACTING COMMISSIONER, NEW YORK STATE OFFICE OF CHILDREN AND FAMILY SERVICES, AND

DENISE CHILSON-CLINE V SHEILA J. POOLE, ACTING COMMISSIONER, NEW YORK STATE OFFICE OF CHILDREN AND FAMILY SERVICES, AND

Motion No: OP 18-01318

Slip Opinion No: 2018 NY Slip Op 83551(U)

Decided on September 10, 2018

Appellate Division, Fourth 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.

September 10, 2018

PRESENT: WHALEN, P.J., SMITH, CENTRA, PERADOTTO, AND CARNI, JJ.

DOCKET NO. OP 18-01318

DENISE CHILSON-CLINE, PETITIONER,
V
SHEILA J. POOLE, ACTING COMMISSIONER, NEW YORK STATE OFFICE
OF CHILDREN AND FAMILY SERVICES,
AND EILEEN TIBERIO, COMMISSIONER, ONTARIO COUNTY DEPARTMENT
OF SOCIAL SERVICES, RESPONDENTS.

Respondents having moved to dismiss the petition in this original CPLR article 78 proceeding, on the ground that this Court lacks subject matter jurisdiction pursuant to CPLR § 7804 (b), and for other relief, and petitioner having cross-moved for an extension of time to serve the petition,

Now, upon reading and filing the affirmation of Wendy R. Welch, Esq., dated August 14, 2018, the affirmation of Patrick A. Woods, Esq., dated August 13, 2018, the affirmation of David m. Abbatoy, Jr., Esq., dated August 30, 2018, the affidavit of Richelle L. Barr sworn to August 30, 2018, and the notices of motion and cross motion with proof of service thereof, and due deliberation having been had thereon,

It is hereby ORDERED that the motions are granted and the petition is dismissed (see CPLR 506 [b] [1]; 7804 [b]; Matter of Nolan v Lungen, 61 NY2d 788, 790 [1984]), and

It is further ORDERED that the cross motion is dismissed.

Entered: September 10, 2018

Mark W. Bennett, Clerk