| IN THE MATTER OF ROBERT O'DONNELL V NEW YORK STATE OFFICE OF CHILDREN AND FAMILY SERVICE AND STEUBEN COUNTY DEPARTMENT |
| Motion No: TP 18-01446 |
| Slip Opinion No: 2019 NY Slip Op 62782(U) |
| Decided on January 7, 2019 |
| 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. |
PRESENT: WHALEN, P.J., SMITH, CENTRA, PERADOTTO, AND CARNI, JJ.
DOCKET NO. TP 18-01446
| IN THE MATTER OF ROBERT O'DONNELL, PETITIONER, V NEW YORK
STATE OFFICE OF CHILDREN AND FAMILY SERVICE AND STEUBEN COUNTY DEPARTMENT OF SOCIAL SERVICES,
RESPONDENTS. |
Petitioner having moved to vacate the dismissal of this CPLR article 78 proceeding transferred to this Court by an order of the Supreme Court entered in the Office of the Clerk of the County of Steuben on July 5, 2018,
Now, upon reading and filing the affidavit of Terrence J. Baxter, Esq., sworn to December 20, 2018, and the notice of motion with proof of service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that the motion insofar as it seeks to vacate dismissal of the proceeding is denied, with leave to renew upon timely filing and serving a new motion that includes an affidavit setting forth sufficient facts to demonstrate a meritorious proceeding (see 22 NYCRR 1250.10 [c]).
Entered: January 7, 2019
Mark W. Bennett, Clerk