MATTER OF DAVID BATTAGLIA V REBECCA H. CORT, DEPUTY COMMISSIONER, OFFICE OF VOCATIONAL AND EDUCATIONAL SERVICES FOR
Motion No: TP 07-01536
Slip Opinion No: 2007 NYSlipOp 83607(U)
Decided on November 13, 2007
Appellate Division, Fourth Department, Motion Decision
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This motion is uncorrected and is not subject to publication in the Official Reports.


November 13, 2007

PRESENT: SCUDDER, P.J., GORSKI, MARTOCHE, PERADOTTO, AND PINE, JJ.

DOCKET NO. TP 07-01536

MATTER OF DAVID BATTAGLIA, PETITIONER,

V

REBECCA H. CORT, DEPUTY COMMISSIONER, OFFICE OF VOCATIONAL

AND EDUCATIONAL SERVICES FOR INDIVIDUALS WITH DISABILITIES

OF NEW YORK STATE EDUCATION DEPARTMENT, RESPONDENT.


Respondent having moved for an extension of time to file and serve a brief on the 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 Erie on July 13, 2006,

Now, upon reading and filing the affirmation of William E. Storrs dated

October 24, 2007, the notice of motion with proof of service thereof, and due deliberation having been had thereon,

It is hereby ORDERED that the motion be, and the same hereby is, granted on condition that the brief is filed and served on or before December 3, 2007, and the Clerk is directed to accept the brief for filing, and

It is further ORDERED that reply briefs, if any, shall be filed and served on or before December 18, 2007.

Entered: November 13, 2007

JoAnn M. Wahl, Clerk