| Matter of Velasquez v New York State Office of Children and Family Ser |
| Motion No: 2021-05299 |
| Slip Opinion No: 2023 NY Slip Op 74874(U) |
| Decided on October 11, 2023 |
| Appellate Division, Second 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. |
Appellate Division: Second Judicial Department
M291484
AFA/
ROBERT J. MILLER, J.P.
WILLIAM G. FORD
DEBORAH A. DOWLING
CARL J. LANDICINO, JJ.
|
2021-05299 In the Matter of Susan Velasquez, petitioner, v New York State Office of Children and Family Services, et al., respondents. (Index No. 51679/2021)
| 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 July 6, 2021, and which was deemed dismissed pursuant to 22 NYCRR 1250.10(a). Motion by the petitioner pursuant to 22 NYCRR 1250.10(c) to vacate the dismissal of the proceeding and to extend the time to perfect the proceeding.
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 motion is granted, the dismissal of the proceeding pursuant to 22 NYCRR 1250.10(a) is vacated, and on or before November 6, 2023, the petitioner shall cause 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 shall serve and file the petitioner's brief via NYSCEF, if applicable, or, if NYSCEF is not mandated, shall serve the petitioner's brief, and upload a digital copy of the petitioner's brief, with proof of service thereof, through the digital portal on this Court's website.
MILLER, J.P., FORD, DOWLING and LANDICINO, JJ., concur.
ENTER:
Darrell M. Joseph
Acting Clerk of the Court