IN THE MATTER OF CARMELLA BARBATO V NEW YORK STATE DEPARTMENT OF HEALTH, NEW YORK STATE OFFICE OF TEMPORARY AND

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: 2009 NYSlipOp 63843(U)

Decided on February 13, 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.

February 13, 2009

PRESENT: SCUDDER, P. J., HURLBUTT, MARTOCHE, SMITH, AND CENTRA, 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.

Respondents New York State Department of Health and New York State Office of Temporary and Disability Assistance 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 Kate H. Nepveu dated January 27, 2009, 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 March 23, 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 April 7, 2009.

Entered: February 13, 2009

JoAnn M. Wahl, Clerk