IN THE MATTER OF MARGARET GODDARD V NEW YORK STATE DEPARTMENT OF HEALTH, OFFICE OF THE COMMISSIONER
Motion No: NOS. TP 08-01287, TP 08-01289, TP 08-01290, AND TP 08-01506
Slip Opinion No: 2008 NYSlipOp 91611(U)
Decided on December 3, 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.


December 3, 2008

PRESENT: HURLBUTT, J.P., SMITH, FAHEY, PERADOTTO, AND PINE, JJ.

DOCKET NOS. TP 08-01287, TP 08-01289, TP 08-01290, AND TP 08-01506
DOCKET NOS. TP 08-01287, TP 08-01289, TP 08-01290, AND TP 08-01506 PAGE 2

IN THE MATTER OF MARGARET GODDARD, PETITIONER,

V

NEW YORK STATE DEPARTMENT OF HEALTH, OFFICE OF THE

COMMISSIONER, RESPONDENT.



IN THE MATTER OF MARVIN J. KINNE, PETITIONER,

V

NEW YORK STATE DEPARTMENT OF HEALTH, OFFICE OF COMMISSIONER, RESPONDENT.

——————————————————————& mdash;—————————————————————-

IN THE MATTER OF MARION CAULKINS, PETITIONER,

V

NEW YORK STATE DEPARTMENT OF HEALTH, RESPONDENT. ——————————————————————& mdash;—————————————————————-

IN THE MATTER OF MARY C. JACKSON, PETITIONER,

V

NEW YORK STATE DEPARTMENT OF HEALTH, OFFICE OF THE COMMISSIONER, RESPONDENT.

Petitioners having moved for an extension of time to file and serve their brief on

the CPLR article 78 proceedings transferred to this Court by orders of the Supreme Court entered in the Offices of the Clerks of the Counties of Oneida and Herkimer on June 3, 2008, June 3, 2008, June 3, 2008, and May 20, 2008,

Now, upon reading and filing the affirmation of D. Victor Pellegrino dated November 10, 2008, the notice of motion with proof of service thereof, and due deliberation having been had thereon.

PRESENT: HURLBUTT, J.P., SMITH, FAHEY, PERADOTTO, AND PINE, JJ.


It is hereby ORDERED that the motion be, and the same hereby is, granted to the extent that petitioners may file and serve a single brief on or before December 24, 2008, and

It is further ORDERED that respondents shall file and serve their brief on or before January 28, 2009, and the proceedings are hereby removed from the January 13, 2009 day calendar and added to the calendar for the term of this Court commencing February 23, 2009.

Entered: December 3, 2008

JoAnn M. Wahl, Clerk