| MATTER OF DIANE M. FOULK V GLADYS CARRION, COMMISSIONER, NEW YORK STATE OFFICE OF CHILDREN AND FAMILY SERVICES |
| Motion No: TP 09-00093 |
| Slip Opinion No: 2009 NYSlipOp 69124(U) |
| Decided on April 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: HURLBUTT, J.P., SMITH, CENTRA, PINE, AND GORSKI, JJ.
DOCKET NO. TP 09-00093
| MATTER OF DIANE M. FOULK, PETITIONER, V GLADYS CARRION,
COMMISSIONER, NEW YORK STATE OFFICE OF CHILDREN AND FAMILY SERVICES, 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 Steuben on December 31, 2008, and petitioner having cross-moved to deny the motion,
Now, upon reading and filing the affirmation of Julie S. Mereson dated March 19, 2009, the notice of motion with proof of service thereof, the opposing affidavit of Diane M. Foulk sworn to March 23, 2009, the notice of cross 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 May 1, 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 May 11, 2009, and
It is further ORDERED that the cross motion be, and the same hereby is, denied.
Entered: April 6, 2009
Patricia L. Morgan, Deputy Clerk