In the Matter of the Application of Rose A. Heavens

Motion No: M-5924

Slip Opinion No: 2019 NYSlipOp 60527(U)

Decided on January 10, 2019

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.

January 10, 2019

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 a further 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 (M-5483), And respondent having cross-moved to dismiss the aforesaid proceeding (M-5924), Now, upon reading and filing the papers with respect to the motion and cross 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 transferred proceeding to the May 2019 Term and is otherwise denied (M-5483). The cross

motion is granted unless the proceeding is perfected for said May 2019 Term (M-5924). ENTERED: January 10, 2019

_____________________ CLERK

PRESENT: Hon. John W. Sweeny, Jr.,Justice Presiding, Judith J. Gische Marcy L. Kahn Jeffrey K. Oing Anil C. Singh,Justices

M-5924

M-5483

Index No. 251184/14