PRESENT: MARTOCHE, J.P., CENTRA, PERADOTTO, GREEN, AND PINE, JJ.

DOCKET NO. TP 09-01423

IN THE MATTER OF LISA STOUGHTENGER, PETITIONER, V GLADYS CARRIONS, AS COMMISSIONER OF NEW YORK STATE OFFICE OF CHILDREN AND FAMILY SERVICES, DAVID A. HANSELL, AS COMMISSIONER OF NEW YORK STATE DEPARTMENT OF TEMPORARY AND DISABILITY ASSISTANCE AND DAVID SUTKOWY, AS COMMISSIONER OF ONONDAGA COUNTY DEPARTMENT OF SOCIAL SERVICES, RESPONDENTS.

Petitioner having moved for permission to proceed as a poor person 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 Onondaga on September 8, 2008, for an extension of time to file and serve her brief, and to consolidate the proceeding with her appeal from the same order,

Now, upon reading and filing the affidavit of Lisa Stoughtenger sworn to August 27, 2009, the affirmation of Maureen P. Kieffer dated August 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 for permission to proceed as a poor person be, and the same hereby is, granted, petitioner shall file and serve her brief on or before October 15, 2009, respondents shall file and serve their brief on or before November 19, 2009, the proceeding is hereby removed from the December 3, 2009 day calendar and added to the calendar for the term of this Court commencing January 19, 2010, and the motion is otherwise dismissed as unnecessary.

Entered: September 15, 2009

Patricia L. Morgan, Clerk