MATTER OF MICHAEL MAHAGAN, AS ATTORNEY-IN-FACT FOR CHARLOTTE MAHAGAN V NEW YORK STATE DEPARTMENT OF HEALTH AND ONONDAGA
Motion No: TP 07-02509
Slip Opinion No: 2008 NYSlipOp 62444(U)
Decided on January 29, 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 29, 2008

PRESENT: SCUDDER, P.J., HURLBUTT, MARTOCHE, SMITH, AND CENTRA, JJ.

DOCKET NO. TP 07-02509

MATTER OF MICHAEL MAHAGAN, AS ATTORNEY-IN-FACT FOR

CHARLOTTE MAHAGAN, PETITIONER,

V

NEW YORK STATE DEPARTMENT OF HEALTH AND ONONDAGA COUNTY

DEPARTMENT OF SOCIAL SERVICES, RESPONDENTS.


Petitioner having moved to vacate the dismissal of 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 Onondaga on November 9, 2007,

Now, upon reading and filing the affirmation of Janet D. Callahan dated

January 17, 2008, 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 the condition that petitioner file and serve his brief on or before February 8, 2008, and

It is further ORDERED that respondents shall file and serve their briefs on or before March 14, 2008, and

It is further ORDERED that the proceeding shall be added to the calendar for the term of this Court commencing June 16, 2008.

Entered: January 29, 2008

JoAnn M. Wahl, Clerk