Opinion
Motion No. 2021-05299 Index No. 51679/2021
10-11-2023
In the Matter of Susan Velasquez, petitioner, v. New York State Office of Children and Family Services, et al., respondents.
Unpublished Opinion
MOTION DECISION
ROBERT J. MILLER, J.P., WILLIAM G. FORD, DEBORAH A. DOWLING, CARL J. LANDICINO, JJ.
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.