| IN THE MATTER OF BARBARA HEINLEIN V NEW YORK STATE OFFICE OF CHILDREN AND FAMILY SERVICES AND GLADYS CARRION |
| Motion No: TP 08-01945 |
| Slip Opinion No: 2009 NYSlipOp 64613(U) |
| Decided on February 24, 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: CENTRA, J.P., PERADOTTO, CARNI, GREEN, AND PINE, JJ.
DOCKET NO. TP 08-01945
| IN THE MATTER OF BARBARA HEINLEIN, PETITIONER, V NEW YORK
STATE OFFICE OF CHILDREN AND FAMILY SERVICES AND GLADYS CARRION, COMMISSIONER, RESPONDENTS. |
Respondents having moved for permission to file an amended answer 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 Orleans on September 11, 2008, and petitioner having cross-moved to strike respondents' answer and grant the petition,
Now, upon reading and filing the affirmation of Marlene O. Tuczinski dated February 6, 2009, the notice of motion with proof of service thereof, the opposing affirmation of Richard J. Brickwedde dated February 11, 2009, the notice of cross motion with proof of service thereof, the reply affirmation of Marlene O. Tuczinski dated February 13, 2009, 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 amended answer is filed and served on or before March 13, 2009, and the Clerk is directed to accept the amended answer for filing, and
It is further ORDERED that the cross motion be, and the same hereby is, denied.
Entered: February 24, 2009
JoAnn M. Wahl, Clerk