| IN THE MATTER OF JULIET A. PADULO, AS VOLUNTARY ADMINISTRATOR OF ESTATE OF ADA J. ROMEO, DECEASED V KELLY REED |
| Motion No: TP 08-02230 |
| Slip Opinion No: 2009 NYSlipOp 60289(U) |
| Decided on January 5, 2009 |
| 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., SMITH, CENTRA, FAHEY, AND PINE, JJ.
DOCKET NO. TP 08-02230
| IN THE MATTER OF JULIET A. PADULO, AS VOLUNTARY ADMINISTRATOR OF
ESTATE OF ADA J. ROMEO, DECEASED, PETITIONER, V KELLY REED, COMMISSIONER, MONROE COUNTY DEPARTMENT OF HUMAN SERVICES,
RICHARD F. DAINES, M.D., COMMISSIONER, NEW YORK STATE DEPARTMENT OF HEALTH AND MARK LACIVITA, DIRECTOR OF ADMINISTRATION, OFFICE OF
ADMINISTRATIVE HEARINGS, RESPONDENTS. |
Petitioner having moved to vacate the dismissal of 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 Monroe on September 30, 2008,
Now, upon reading and filing the affidavit of Todd W. Gustafson dated December 23, 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 the condition that petitioner file and serve her brief on or before February 4, 2009, and
It is further ORDERED that respondents' briefs shall be filed and served on or before March 11, 2009, and the proceeding is hereby removed from the March 4, 2009 day calendar of this Court and added to the calendar for the term of this Court commencing May 11, 2009.
Entered: January 5, 2009
JoAnn M. Wahl, Clerk