Matter of Quinn v Johnson

Matter of Quinn v Johnson 2007 NY Slip Op 08615 [45 AD3d 1377] November 9, 2007 Appellate Division, Fourth Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, January 16, 2008

In the Matter of Ella Quinn et al., Appellants, v John A. Johnson, as Commissioner of New York State Office of Children and Family Services, et al., Respondents.

—[*1] James P. Davis, Buffalo, for petitioners-appellants.

Andrew M. Cuomo, Attorney General, Albany (David M. Finkelstein of counsel), for respondents-respondents.

Appeal from an order of the Supreme Court, Erie County (Patrick H. NeMoyer, J.), entered March 6, 2006. The order granted respondents' motion and dismissed petitioners' order to show cause for an extension of time to commence a CPLR article 78 proceeding together with any petition served upon respondents and/or filed with the order to show cause.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed without costs for the reasons stated in the decision at Supreme Court. Present—Scudder, P.J., Martoche, Smith, Lunn and Pine, JJ.