| IN THE MATTER OF ROBIN DINATALE V NEW YORK STATE DIVISION OF HUMAN RIGHTS, GALEN D. KIRKLAND, COMMISSIONER, NEW YORK |
| Motion No: TP 09-01922 |
| Slip Opinion No: 2009 NY Slip Op 90185(U) |
| Decided on December 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. |
PRESENT: SCUDDER, P.J., FAHEY, PERADOTTO, AND GREEN, JJ.
DOCKET NO. TP 09-01922
| IN THE MATTER OF ROBIN DINATALE, PETITIONER, V NEW YORK STATE
DIVISION OF HUMAN RIGHTS, GALEN D. KIRKLAND, COMMISSIONER, NEW YORK STATE DIVISION OF HUMAN RIGHTS, NEW YORK STATE INSURANCE FUND,
NEW YORK STATE DEPARTMENT OF CIVIL SERVICE, NEW YORK STATE OFFICE OF STATE COMPTROLLER, DEPARTMENT OF AUDIT AND CONTROL,
RESPONDENTS. |
Petitioner having moved for summary relief on the Executive Law § 298 proceeding transferred to this Court by an order of the Supreme Court entered in the Office of the Clerk of the County of Erie on September 25, 2009, or in the alternative for an extension of time to file and serve her brief,
Now, upon reading and filing the affidavit of Robin DiNatale sworn to October 23, 2009, the notice of motion with proof of service thereof, the opposing affirmation of Andrew B. Ayers dated November 5, 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 petitioner's brief may be filed and served on or before December 14, 2009, and the Clerk is directed to accept the brief for filing, and the motion is otherwise denied, and
It is further ORDERED that respondents' briefs shall be filed and served on or before January 19, 2010, and the proceeding is hereby removed from the January 28, 2010 day calendar of this Court and added to the calendar for the term of this Court commencing February 22, 2010.
Entered: December 2, 2009
Patricia L. Morgan, Clerk