| IN THE MATTER OF PATRICIA GLANVILLE V CAYUGA COUNTY BOARD OF HEALTH AND ELANE DALY, PUBLIC HEALTH DIRECTOR |
| Motion No: TP 08-01804 |
| Slip Opinion No: 2009 NY Slip Op 72897(U) |
| Decided on May 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. |
PRESENT: SMITH, J.P., CENTRA, FAHEY, CARNI, AND PINE, JJ.
DOCKET NO. TP 08-01804
| IN THE MATTER OF PATRICIA GLANVILLE, PETITIONER, V CAYUGA
COUNTY BOARD OF HEALTH AND ELANE DALY, PUBLIC HEALTH DIRECTOR, RESPONDENTS. |
Respondents having moved to dismiss 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 Cayuga on August 25, 2008, on the ground that petitioner has failed to perfect the proceeding properly, or in the alternative for an extension of time to file and serve their responding brief,
Now, upon reading and filing the affirmation of Frederick R. Westphal dated April 27, 2009, the notice of motion with proof of service thereof, the opposing affidavit of Gilles R.R. Abitbol sworn to April 30, 2009 and due deliberation having been had thereon,
It is hereby ORDERED that the motion be, and the same hereby is, granted to the extent that respondents shall file and serve their brief on or before June 11, 2009 and the Clerk is directed to accept the brief for filing, and the motion is otherwise denied, and
It is further ORDERED that reply briefs, if any, shall be filed and served on or before June 26, 2009.
Entered: May 13, 2009
Patricia L. Morgan, Clerk