| IN THE MATTER OF FAIRPORT BAPTIST HOMES V RICHARD F. DAINES, M.D., COMMISSIONER OF HEALTH, STATE OF NEW YORK |
| Motion No: TP 08-01974 |
| Slip Opinion No: 2009 NYSlipOp 60297(U) |
| Decided on January 6, 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., HURLBUTT, PERADOTTO, GREEN, AND GORSKI, JJ.
DOCKET NO. TP 08-01974
| IN THE MATTER OF FAIRPORT BAPTIST HOMES, PETITIONER, V RICHARD
F. DAINES, M.D., COMMISSIONER OF HEALTH, STATE OF NEW YORK, RESPONDENT. |
Respondent 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 Monroe on March 28, 2008,
Now, upon reading and filing the affirmation of Kathleen M. Treasure dated December 22, 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 29, 2009, 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 February 13, 2009.
Entered: January 6, 2009
JoAnn M. Wahl, Clerk