In the Matter of Hilary B. Kern Petitioner v Richard F. Daines as Commissioner of the State of New York Department of Health

In the Matter of Hilary B. Kern Petitioner v Richard F. Daines as Commissioner of the State of New York Department of Health
Motion No: 505053
Slip Opinion No: 2008 NYSlipOp 82690(U)
Decided on September 5, 2008
Appellate Division, Third 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.

Decided and Entered: September 5, 2008

Case # 505053

In the Matter of HILARY B.
KERN, Petitioner,
v
RICHARD F. DAINES, as
Commissioner of the State of
New York Department of
Health, Respondent.

DECISION AND ORDER
ON MOTION

Motion for stay pending determination of proceeding.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the motion is denied, without costs. Petitioner shall serve by overnight mail and file her record on review and brief on or before September 26, 2008. Respondent's brief shall be served by overnight mail and filed on or before October 20, 2008. Proceeding set down for the November 2008 term.
CARDONA, P.J., PETERS, LAHTINEN, KAVANAGH and STEIN, JJ., concur.
ENTER:

Michael J. Novack
Clerk of the Court