| IN THE MATTER OF CARMELLA BARBATO V NEW YORK STATE DEPARTMENT OF HEALTH, NEW YORK STATE OFFICE OF TEMPORARY AND |
| Motion No: TP 08-02216 |
| Slip Opinion No: 2008 NYSlipOp 93461(U) |
| Decided on December 31, 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: MARTOCHE, J.P., SMITH, CENTRA, FAHEY, AND PINE, JJ.
DOCKET NO. TP 08-02216
| IN THE MATTER OF CARMELLA BARBATO, PETITIONER, V NEW YORK
STATE DEPARTMENT OF HEALTH, NEW YORK STATE OFFICE OF TEMPORARY AND DISABILITY ASSISTANCE AND HERKIMER COUNTY DEPARTMENT OF
SOCIAL SERVICES, RESPONDENTS. |
Petitioner 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 31, 2008,
Now, upon reading and filing the affirmation of Christopher R. Bray dated December 12, 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 brief is filed and served on or before January 16, 2009, and the Clerk is directed to accept the brief for filing, and
It is further ORDERED that respondents' briefs, if any, shall be filed and served on or before February 20, 2009, and the proceeding is hereby removed from the February 24, 2009 day calendar of this Court and added to the calendar for the term of this Court commencing May 11, 2009.
Entered: December 31, 2008
JoAnn M. Wahl, Clerk