Matter of Fernandez v Rodriguez
Motion No: 2017-09298
Slip Opinion No: 2019 NY Slip Op 63677(U)
Decided on February 21, 2019
Appellate Division, Second 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M260343

E/sl

ALAN D. SCHEINKMAN, P.J.

RUTH C. BALKIN

ROBERT J. MILLER

SYLVIA O. HINDS-RADIX, JJ.

2017-09298

In the Matter of Pablo Fernandez, petitioner,

v A. Rodriguez, etc., et al., respondents.

(Index No. 203/17)

DECISION & ORDER ON MOTION

Motion by the petitioner pro se pursuant to 22 NYCRR 1250.10(c) to vacate the dismissal of a proceeding pursuant to CPLR article 78, which was transferred to this Court by an order of the Supreme Court, Westchester County, entered September 7, 2017, as the proceeding was deemed dismissed pursuant to 22 NYCRR 1250.10(a).

Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motion is granted, the proceeding is reinstated, and time to perfect the proceeding by causing the original papers constituting the record to be filed in the office of the Clerk of this Court (see 22 NYCRR 1250.5[e]), and by serving and filing a brief on the appeal is extended until March 25, 2019; and it is further,

ORDERED that no further extension of time shall be granted.

SCHEINKMAN, P.J., BALKIN, MILLER and HINDS-RADIX, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court