In the Matter of the Application of Andrea Clarke

Motion No: M-1654

Slip Opinion No: 2020 NYSlipOp 68310(U)

Decided on July 9, 2020

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.

July 9, 2020

In the Matter of the Application of

Andrea Clarke,

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, et al.,

Respondents.

An Article 78 proceeding having been transferred to this Court, pursuant to CPLR 7804(g), by order of the Supreme Court, New York County, entered on or about August 28, 2018, to review a determination of respondents, And petitioner having moved to vacate the dismissal of the transferred proceeding and, upon reinstatement, for leave to prosecute the proceeding as a poor person, upon the original record and reproduced petitioner's brief,Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon, It is ordered that the motion is granted to the extent of reinstating the transferred proceeding and extending the time to perfect same to the November 2020 Term.

The application for poor person relief is denied, with leave to renew upon defendant's submission of a detailed notarized affidavit, in compliance with CPLR 1101(a), and 22 NYCRR 1250.4(d), setting forth, inter alia, the terms of defendant's retainer agreement with counsel, the amount and sources of funds for counsel's fee and an explanation as to why similar funds are not available to prosecute this appeal. ENTERED: July 9, 2020

_____________________ CLERK

Present - Hon. David Friedman, Justice Presiding, Dianne T. Renwick Rosalyn H. Richter Sallie Manzanet-Daniels Angela M. Mazzarelli, Justices

M-1654

Index No. 154061/17