Appellate Division: Second Judicial Department

M75460

E/sl

REINALDO E. RIVERA, J.P.

HOWARD MILLER

DANIEL D. ANGIOLILLO

CHERYL E. CHAMBERS, JJ.

2008-02235 In the Matter of Carl Palmblad, etc., d/b/a Smilemakers, petitioner, v Kumiki Gibson, etc., et al., respondents. (Index No. 25951-07)

DECISION & ORDER ON MOTION

Motion by Veronica Rinaldi in a proceeding pursuant to Executive Law § 298 which was transferred to this court by order of the Supreme Court, Suffolk County, dated October 25, 2007, for leave to intervene and to amend the caption to add her as a party respondent. Application by Veronica Rinaldi pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief.

Upon the papers filed in support of the motion and the papers filed in relation thereto, and upon the application, it is

ORDERED that the motion is granted and the caption is amended as set forth above; and it is further,

ORDERED that Veronica Rinaldi shall serve and file her answer, if any, on or before September 17, 2008, and the petitioner and the respondent Kumiki Gibson, Commissioner, State Division of Human Rights shall serve and file their replies, if any, on or before October 1, 2008; and it is further,

ORDERED that if Veronica Rinaldi serves and files an answer, she shall serve and file her brief, if any, on or before October 15, 2008, and the petitioner shall serve and file his reply brief, if any, on or before October 29, 2008; and it is further,

ORDERED that the application is denied as unnecessary.

RIVERA, J.P., MILLER, ANGIOLILLO and CHAMBERS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court