| IN THE MATTER OF HYGEIA OF NEW YORK, INC., AND EUGENE A. CARCONE V NEW YORK STATE DEPARTMENT OF LABOR AND M. PATRICIA |
| Motion No: TP 08-02167 |
| Slip Opinion No: 2008 NYSlipOp 89517(U) |
| Decided on November 18, 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. |
PRESENT: SCUDDER, P. J., HURLBUTT, MARTOCHE, SMITH, AND CENTRA, JJ.
DOCKET NO. TP 08-02167
| IN THE MATTER OF HYGEIA OF NEW YORK, INC., AND EUGENE A. CARCONE,
PETITIONERS, V NEW YORK STATE DEPARTMENT OF LABOR AND M. PATRICIA SMITH, COMMISSIONER, NEW YORK STATE DEPARTMENT
OF LABOR, RESPONDENTS. |
Petitioners having moved for an extension of time to file and serve a brief on 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 Herkimer on October 8, 2008,
Now, upon reading and filing the undated affirmation of Anthony J. LaFache, 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 January 20, 2009, and the Clerk is directed to accept the brief for filing, and
It is further ORDERED that respondents' briefs, shall be filed and served on or before February 24, 2009, and the proceeding is hereby removed from the calendar for the term of this Court commencing February 23, 2009 and added to the calendar for the term commencing March 30, 2009.
Entered: November 18, 2008
JoAnn M. Wahl, Clerk