Appellate Division: Second Judicial Department

M272763

E/sl

WILLIAM F. MASTRO, J.P.

MARK C. DILLON

SYLVIA O. HINDS-RADIX

LINDA CHRISTOPHER, JJ.

2019-04706 In the Matter of Adam Conklin, petitioner, v New York State Office of Children and Family Services, et al., respondents. (Index No. 2033/2018)

DECISION & ORDER ON MOTION

Proceeding pursuant to CPLR article 78 which was transferred to this Court by order of the Supreme Court, Dutchess County, dated April 26, 2019. Motion by the respondent New York State Office of Children and Family Services for leave to file an answer and the certified administrative record, and to extend the time to serve and file a brief. Cross motion by the petitioner, in effect, to preclude the respondent New York State Office of Children and Family Services from filing a brief and to find that party in default.

Upon the papers filed in support of the motion and the cross motion, and the papers filed in opposition thereto, it is

ORDERED that the motion is granted, and on or before October 2, 2020, the respondent New York State Office of Children and Family Services shall serve the answer, the certified administrative record, and the respondent's brief and upload digital copies of the answer, the certified administrative record, and the respondent's brief, with proof of service thereof, through the digital portal on this Court's website, and the respondent New York State Office of Children and Family Services shall file an original and five hard copies of the answer, the certified administrative record, and the respondent's brief in accordance with any applicable administrative order or other order to be issued by the Court; and it is further,

ORDERED that the cross motion is denied.

MASTRO, J.P., DILLON, HINDS-RADIX and CHRISTOPHER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court