MATTER OF NEW YORK STATE TUG HILL COMMISSION V NEW YORK STATE DIVISION OF HUMAN RIGHTS AND CLARK WARING BLACKBURN, JR.
Motion No: TP 07-01590
Slip Opinion No: 2008 NYSlipOp 60741(U)
Decided on January 9, 2008
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.


January 9, 2008

PRESENT: SCUDDER, P.J., HURLBUTT, LUNN, GREEN, AND GORSKI, JJ.

DOCKET NO. TP 07-01590

MATTER OF NEW YORK STATE TUG HILL COMMISSION, PETITIONER,

V

NEW YORK STATE DIVISION OF HUMAN RIGHTS AND CLARK WARING

BLACKBURN, JR., RESPONDENTS.



NEW YORK STATE DEPARTMENT OF AUDIT AND CONTROL, NECESSARY

PARTY.


Respondent New York State Division of Human Rights having moved for an extension of time to file and serve a brief on the Executive Law § 298 proceeding transferred to this Court by an order of the Supreme Court entered in the Office of the Clerk of the County of Jefferson on July 26, 2007,

Now, upon reading and filing the affirmation of Michael K. Swirsky dated

December 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 February 8, 2008, 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 February 25, 2008, and

It is further ORDERED that the proceeding is hereby removed from the

January 18, 2008 day calendar of this Court and added to the February 25, 2008 day calendar.

Entered: January 9, 2008

JoAnn M. Wahl, Clerk