IN THE MATTER OF DANA RENE GIGNAC, R.PH, DOING BUSINESS AS SARATOGA PHARMACY V DAVID PATERSON, IN HIS OFFICIAL CAPACITY
Motion No: TP 09-01616
Slip Opinion No: 2009 NY Slip Op 87820(U)
Decided on November 2, 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.


November 2, 2009

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

DOCKET NO. TP 09-01616

IN THE MATTER OF DANA RENE GIGNAC, R.PH, DOING BUSINESS AS

SARATOGA PHARMACY, PETITIONER,

V

DAVID PATERSON, IN HIS OFFICIAL CAPACITY AS GOVERNOR OF

STATE OF NEW YORK, RICHARD F. DAINES, M.D., IN HIS OFFICIAL

CAPACITY AS COMMISSIONER OF NEW YORK STATE DEPARTMENT OF

HEALTH AND JAMES G. SHEEHAN, IN HIS OFFICIAL CAPACITY AS

MEDICAID INSPECTOR GENERAL OF OFFICE OF MEDICAID INSPECTOR

GENERAL, RESPONDENTS.


Respondents 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 Monroe on August 4, 2009,

Now, upon reading and filing the affirmation of Kate H. Nepveu dated October 23, 2009, the notice of motion with proof of service thereof, the affirmation of Robert F. Finkelstein dated October 27, 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 brief is filed and served on or before November 30, 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 December 15, 2009.

Entered: November 2, 2009

Patricia L. Morgan, Clerk