PRESENT: SCUDDER, P.J., SMITH, CENTRA, FAHEY AND PINE, JJ.

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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.

Respondents having moved for an extension of time to file and serve a 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 Victor Paladino dated January 7, 2009, the notice of motion with proof of service thereof, and due deliberation having been had thereon.

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JANUARY 27, 2009

PAGE 2

It is hereby ORDERED that the motion be, and the same hereby is, granted on the condition that the brief is filed and served on or before February 27, 2009, and

It is further ORDERED that petitioners shall file and serve their reply brief on or before March 16, 2009, and the proceedings are hereby removed from the March 4, 2009 day calendar and added to the calendar for the term of this Court commencing May 11, 2009.

Entered: January 27, 2009

JoAnn M. Wahl, Clerk