| IN THE MATTER OF MARVIN J. KINNE V NEW YORK STATE DEPARTMENT OF HEALTH, OFFICE OF COMMISSIONER |
| Motion No: TP 08-01289 |
| Slip Opinion No: 2008 NYSlipOp 92420(U) |
| Decided on December 16, 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 08-01289
| IN THE MATTER OF MARVIN J. KINNE, PETITIONER, V NEW YORK STATE
DEPARTMENT OF HEALTH, OFFICE OF COMMISSIONER, RESPONDENT. |
Respondent having moved to amend its answer on the CPLR article 78 proceeding transferred to this Court by and order of the Supreme Court entered in the Office of the Clerk of the County of Oneida on June 3, 2008,
Now, upon reading and filing the affirmation of Victor Paladino dated December 1, 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 answer is filed and served on or before December 29, 2008, and the Clerk is directed to accept the brief for filing, and
It is further ORDERED that reply briefs, if any, shall be filed and served on or before .
Entered: December 16, 2008
JoAnn M. Wahl, Clerk