Opinion
Motion No. 2021-08590
07-08-2022
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
Unpublished Opinion
MOTION DECISION
M283741 MB/
MARK C. DILLON, J.P. FRANCESCA E. CONNOLLY SHERI S. ROMAN JOSEPH J. MALTESE, JJ.
DECISION & ORDER ON MOTION
On the Court's own motion, it is
ORDERED that the decision and order on motion of this Court dated June 15, 2022, in the above-entitled case is recalled and vacated, and the following decision and order on motion is substituted therefor:
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, and the dismissal of the proceeding pursuant to 22 NYCRR 1250.10(a) is vacated; 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]); and it is further, ORDERED that the branch of the motion which is, in effect, to extend the time to perfect the proceeding is granted, on the Court's own motion, the petitioner's time to perfect the appeal is extended, and the petitioner's time to perfect the proceeding and the appeal by causing the original papers constituting the record on the proceeding and the appeal 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 September 6, 2022.
DILLON, J.P., CONNOLLY, ROMAN and MALTESE, JJ., concur.