Appellate Division: Second Judicial Department

M283468

MB/

MARK C. DILLON, J.P.

FRANCESCA E. CONNOLLY

SHERI S. ROMAN

JOSEPH J. MALTESE, JJ.

2021-08590 In the Matter of Alisa McCoy, petitioner, v New York State Office of Children and Family Services, etc., et al., respondents. (Index No. 80086/2019)

DECISION & ORDER ON MOTION

2021-09076

In the Matter of Alisa McCoy, appellant,

v New York State Office of Children and

Family Services, etc., et al., respondents.

(Index No. 80086/2019)

Proceeding pursuant to CPLR article 78, which was transferred to this Court by order of the Supreme Court, Richmond County, dated March 25, 2021, which was deemed dismissed pursuant to 22 NYCRR 1250.10(a), and appeal from an order of the same court, dated November 24, 2021. Motion by the petitioner pursuant to 22 NYCRR 1250.10(c) to vacate the dismissal of the proceeding and, in effect, to extend the time to perfect the proceeding, and to consolidate the proceeding with the appeal.

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 branch of the motion which is to vacate the dismissal of the proceeding is granted, the dismissal of the proceeding pursuant to 22 NYCRR 1250.10(a) is vacated, and the petitioner's time to perfect the proceeding by causing the original papers constituting the record on the proceeding to be filed in the office of the Clerk of this Court (see 22 NYCRR 1250.9[a][5]), and by serving and filing the petitioner's brief via NYSCEF, if applicable, or, if NYSCEF is not mandated, by serving the petitioner's brief, and uploading a digital copy of the petitioner's brief, with proof of service thereof, through the digital portal on this Court's website, is extended until August 15, 2022; and it is further,

ORDERED that on the Court's own motion, the appellant's time to perfect the appeal from the order dated November 24, 2021 is extended, and on or before August 15, 2022, the appellant shall serve and file the record or appendix and the appellant's brief via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the record or appendix and the appellant's brief and upload digital copies of the record or appendix and the appellant's brief, with proof of service thereof, through the digital portal on this Court's website; and it is further,

ORDERED that the branch of the motion which is to consolidate the proceeding with the appeal is denied as unnecessary as they may be consolidated as of right (see 22 NYCRR 1250.9[f][3], 1250.12[a]).

DILLON, J.P., CONNOLLY, ROMAN and MALTESE, JJ., concur.

ENTER:

Maria T. Fasulo

Clerk of the Court