PRESENT: SCUDDER, P.J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.

DOCKET NO. TP 09-02617

IN THE MATTER OF MAE T. JONES, PETITIONER, V NEW YORK STATE DIVISION OF HUMAN RIGHTS AND ROCHESTER CITY SCHOOL DISTRICT, RESPONDENTS.

Petitioner having moved for permission to proceed as a poor person and the assignment of counsel, and for an extension of time to file and serve her brief on the CPLR article 78 proceeding transferred to this Court by order of the Supreme Court entered in the Office of the Clerk of the County of Monroe on December 10, 2009,

Now, upon reading and filing the affidavits of Mae T. Jones sworn to February 4, 2010, the notice of motion with proof of service thereof, the statement of Brett C. Granville dated February 12, 2010, and due deliberation having been had thereon,

It is hereby ORDERED that the motion insofar as it seeks the assignment of counsel is denied on the ground that such relief is not available, and

It is further ORDERED that the motion insofar as it seeks permission to proceed as a poor person is denied with leave to renew upon the submission of a new motion that includes an affidavit setting forth sufficient facts so that the merit of the contentions can be ascertained, and proof of service on all parties and the Monroe County Attorney (see CPLR 1101 [a], [c]), and

It is further ORDERED that the motion insofar as it seeks an extension of time for petitioner's brief is granted on condition that the brief is filed and served on or before April 30, 2010, and the Clerk is directed to accept the brief for filing, and

It is further ORDERED that respondents' briefs, if any, shall be filed and served on or before June 4, 2010, and

It is further ORDERED that the scheduling order entered herein is amended to provide that the appeal be placed on the calendar for the term of Court commencing September 7, 2010.

Entered: March 2, 2010

Patricia L. Morgan, Clerk