Opinion
Motion No: M-1378
03-23-2017
In the Matter of the Application of Mental Hygiene Legal Service, Petitioner-Respondent, For a Judgment Pursuant to Article 78 of the New York Civil Practice Law and Rules, v. Anita Daniels, in her official capacity as Acting Director of Bronx Psychiatric Center, Respondent-Appellant.
An appeal having been taken from an order of the Supreme Court, Bronx County, entered on or about December 16, 2016, And, respondent-appellant having moved for an enlargement of time to perfect their appeal, and for the continuation of the stay of the aforesaid order, Now, upon reading and filing the papers with respect to the motion, and the stipulation of the parties, dated March 16, 2017, and due deliberation having been had thereon, it is Ordered that the motion is granted in accordance with the aforesaid stipulation of the parties, dated March 16, 2017, to the extent of directing that respondent-appellant perfect the appeal on or before March 27, 2017 for the June 2017 Term; directing that petitioner-respondent file its brief on or before April 26, 2017; and directing that respondent-appellant file her reply brief on or before May 5, 2017. It is further directed that, conditioned on respondent-appellant so perfecting, the stay presently in effect, pursuant to CPLR 5519(a)(1), MHLS continue pending determination of the appeal. Should appellant fail to perfect the appeal in accordance with the deadlines set forth in this order, an order vacating the stay may be entered ex parte, provided that respondent serves a copy of this order upon appellant within 10 days after the date of entry hereof.
ENTERED: March 23, 2017
_____________________ CLERK
Present: Hon. Rolando T. Acosta, Justice Presiding, Dianne T. Renwick Karla Moskowitz Paul G. Feinman Ellen Gesmer, Justices
M-1378
Index No. 251095/16