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MATTER OF PATRICK v. PERALES

108 A.D.2d 693 (1985)

In the Matter of Katherine Patrick et al., Respondents, v. Cesar A. Perales, as Commissioner of The New York State Department of Social Services, et al., Appellants

Appellate Division of the Supreme Court of the State of New York, First Department.

February 28, 1985

The State and city requested 20 days to answer the petition, rather than the 10 allowed under CPLR 3211 (f). Special Term, without stating its reasons, directed respondents to serve their answer within five days. This was an abuse of discretion and we modify accordingly. The request for 20 days was reasonable, nonprejudicial to petitioners, and should be granted.

Asch, J., dissents in a memorandum as follows:

Petitioners' adopted child, Alicia...

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