IN THE MATTER OF RITE AID OF NEW YORK, INC. V NEW YORK STATE DIVISION OF HUMAN RIGHTS AND NANCY L. FIX
Motion No: TP 08-01106
Slip Opinion No: 2008 NYSlipOp 79514(U)
Decided on August 4, 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.


August 4, 2008

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

DOCKET NO. TP 08-01106

IN THE MATTER OF RITE AID OF NEW YORK, INC., PETITIONER,

V

NEW YORK STATE DIVISION OF HUMAN RIGHTS AND NANCY L. FIX,

RESPONDENTS.


Petitioner 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 Erie on September 26, 2007,

Now, upon reading and filing the affirmation of Joseph S. Brown dated July 22, 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 condition that the brief is filed and served on or before August 11, 2008 and the Clerk is directed to accept the brief for filing, and

It is further ORDERED that respondent's briefs shall be filed and served on or before September 16, 2008.

Entered: August 4, 2008

JoAnn M. Wahl, Clerk