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 65976(U)
Decided on March 18, 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.


March 18, 2019

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 papers with respect to the motion and due deliberation having been had thereon,

It is hereby ORDERED that the motion is granted, on the condition that petitioner files a brief in accordance with this Court's rules, with proof of service on respondent, on or before May 20, 2019.

Entered: March 18, 2019

Mark W. Bennett, Clerk