PAIGE SCHWEIGART V SHEILA J. POOLE, AS COMMISSIONER OF THE NEW YORK STATE OFFICE OF CHILDREN AND FAMILY SERVICES, AND
Motion No: TP 22-00682
Slip Opinion No: 2022 NY Slip Op 75563(U)
Decided on December 5, 2022
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.


December 5, 2022

PRESENT: WHALEN, P.J., SMITH, PERADOTTO, LINDLEY, AND NEMOYER, JJ.

TP 22-00682

PAIGE SCHWEIGART, PETITIONER,

V

SHEILA J. POOLE, AS COMMISSIONER OF THE NEW YORK

STATE OFFICE OF CHILDREN AND FAMILY SERVICES, AND

HON. KAREN M. HOLT, BUREAU OF SPECIAL PROCEEDINGS,

RESPONDENTS.


Petitioner having moved for an extension of time to file and serve a brief on this CPLR article 78 proceeding transferred to this Court by an order of the Supreme Court, Wyoming County, entered July 6, 2021,

Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon,

It is hereby ORDERED that motion is granted, the time to file and serve a brief is extended to December 21, 2022, and if petitioner's brief is not filed and served in accordance with this Court's rules by that date, the proceeding will be deemed dismissed without further order, and

It is further ORDERED that if petitioner's brief is so filed, then respondents' brief shall be filed and served in accordance with this Court's rules on or before January 25, 2023.

Memorandum: No further extensions of time to file a brief will be granted to appellants' present counsel absent an unanticipated and extraordinary excuse for the delay.

Entered: December 5, 2022

Ann Dillon Flynn

Clerk of the Court