| IN THE MATTER OF BEST BATCHATEU V DAVID R. PETERS, NEW YORK STATE CENTRAL REGISTER AND NEW YORK STATE OFFICE OF |
| Motion No: TP 09-02097 |
| Slip Opinion No: 2009 NY Slip Op 92207(U) |
| Decided on December 21, 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., HURLBUTT, MARTOCHE, SMITH, AND CENTRA, JJ.
DOCKET NO. TP 09-02097
| IN THE MATTER OF BEST BATCHATEU, PETITIONER, V DAVID R. PETERS,
NEW YORK STATE CENTRAL REGISTER AND NEW YORK STATE OFFICE OF CHILDREN AND FAMILY SERVICES,
RESPONDENTS. |
Petitioner having moved to vacate the dismissal of 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 June 12, 2009,
Now, upon reading and filing the affirmation of James S. Hinman dated December 3, 2009, the notice of 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 the condition that petitioner file and serve his brief on or before February 1, 2010, and
It is further hereby ORDERED that respondents' brief shall be filed and served on or before March 8, 2010, and the proceeding shall be added to the calendar for the term of this Court commencing May 17, 2010.
Entered: December 21, 2009
Patricia L. Morgan, Clerk