PRESENT: SCUDDER, P.J., PERADOTTO, LINDLEY, GREEN, AND GORSKI, 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.

Respondents having moved to amend the return 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 June 12, 2009, and for a new scheduling order and other relief,

Now, upon reading and filing the affirmation of Marlene O. Tuczinski, Esq. dated March 5, 2010, the notice of motion with proof of service thereof, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is granted and the return is hereby amended to include the documents attached as Exhibit D on the condition that the amended return is filed and served on or before May 2, 2010, and the Clerk shall accept the amended return for filing, and

It is further ORDERED that petitioner may file an amended petitioner's brief on the condition that it is filed and served on or before June 1, 2010, and

It is further ORDERED that the motion is granted to the extent that respondents shall file their brief on or before July 1, 2010, and

It is further ORDERED that the appeal is hereby removed from the May 17, 2010 day calendar of this Court and added to the calendar for the term of this Court commencing September 7, 2010.

Entered: April 12, 2010

Patricia L. Morgan, Clerk