| Matter of Depas v County of Rockland Department of Social Services |
| Motion No: 2023-02363 |
| Slip Opinion No: 2024 NY Slip Op 63167(U) |
| Decided on February 28, 2024 |
| 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
M294532
AFA/
COLLEEN D. DUFFY, J.P.
LINDA CHRISTOPHER
LARA J. GENOVESI
LOURDES M. VENTURA, JJ.
|
2023-02363 In the Matter of Jermika S. Depas, appellant, v County of Rockland Department of Social Services, et al., respondents. (Index No. 144/2022)
| DECISION & ORDER ON MOTION |
2023-07567
In the Matter of Jermika S. Depas, appellant,
v County of Rockland Department of Social
Services, et al., respondents.
(Index No. 144/2022)
Appeals from two orders of the Supreme Court, Rockland County, dated December 6, 2022, and June 30, 2023, respectively. The appeal from the order dated June 30, 2023, was deemed dismissed pursuant to 22 NYCRR 1250.10(a). Motion by the appellant, in effect, pursuant to 22 NYCRR 1250.10(c) to vacate the dismissal of the appeal from the order dated June 30, 2023, and to extend the time to perfect the appeals. Separate motion by the appellant to waive certification of the record pursuant to 22 NYCRR 1250.7(g).
Upon the papers filed in support of the motion, in effect, pursuant to 22 NYCRR 1250.10(c) to vacate the dismissal of the appeal from the order dated June 30, 2023, and to extend the time to perfect the appeals, and no papers having been filed in opposition or in relation thereto, and upon the papers filed in support of the motion to waive certification of the record, and the papers filed in opposition thereto, it is
ORDERED that the motion, in effect, pursuant to 22 NYCRR 1250.10(c) to vacate the dismissal of the appeal from the order dated June 30, 2023, and to extend the time to perfect the appeals, is granted, the dismissal of the appeal from the order dated June 30, 2023 pursuant to 22 NYCRR 1250.10(a) is vacated, and on or before March 29, 2024, the appellant shall serve and file the records or appendices and the appellant's briefs via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the records or appendices and the appellant's briefs and upload digital copies of the records or appendices and the appellant's briefs, with proof of service thereof, through the digital portal on this Court's website; and it is further,
ORDERED that no further extension of time shall be granted; and it is further,
ORDERED that the motion to waive certification of the record pursuant to 22 NYCRR 1250.7(g) is denied, without prejudice to renew, on or before March 29, 2024, upon proper papers, and upon a showing of good cause for the waiver of certification, which shall include setting forth an inability to certify by any of the methods set forth in 22 NYCRR 1250.7(g).
DUFFY, J.P., CHRISTOPHER, GENOVESI and VENTURA, JJ., concur.
ENTER:
Darrell M. Joseph
Acting Clerk of the Court