O'Donnell v. N.Y. State Office of Children & Family Serv.

Full title: IN THE MATTER OF ROBERT O'DONNELL, PETITIONER, v. NEW YORK STATE OFFICE OF…

Court: Appellate Division of the Supreme Court of the State of New York

Date published: Jan 7, 2019

2019 N.Y. Slip Op. 62782 (N.Y. App. Div. 2019)

Opinion

DOCKET NO. TP 18-01446

01-07-2019

IN THE MATTER OF ROBERT O'DONNELL, PETITIONER, v. NEW YORK STATE OFFICE OF CHILDREN AND FAMILY SERVICE AND STEUBEN COUNTY DEPARTMENT OF SOCIAL SERVICES, RESPONDENTS.

WHALEN, P.J., SMITH, CENTRA, PERADOTTO, AND CARNI, JJ.

PRESENT:

Petitioner having moved to vacate the dismissal of this CPLR article 78 proceeding transferred to this Court by an order of the Supreme Court entered in the Office of the Clerk of the County of Steuben on July 5, 2018,

Now, upon reading and filing the affidavit of Terrence J. Baxter, Esq., sworn to December 20, 2018, and the notice of motion with proof of service thereof, and due deliberation having been had thereon,

It is hereby ORDERED that the motion insofar as it seeks to vacate dismissal of the proceeding is denied, with leave to renew upon timely filing and serving a new motion that includes an affidavit setting forth sufficient facts to demonstrate a meritorious proceeding (see 22 NYCRR 1250.10 [c]).

Entered: January 7, 2019

Mark W. Bennett, Clerk