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: 2010 NY Slip Op 69817(U)
Decided on April 20, 2010
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.


April 20, 2010

PRESENT: MARTOCHE, J.P., SMITH, CENTRA, SCONIERS, AND PINE, 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, AND NEW YORK STATE OFFICE OF STATE

COMPTROLLER, DEPARTMENT OF AUDIT AND CONTROL, RESPONDENTS.


Petitioner having moved for an extension of time to file and serve a brief on the 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, for reargument of the order of this Court entered January 15, 2010, for an order directing respondent New York State Division of Human Rights to serve on all parties a copy of the record of the proceedings, and for other relief,

Now, upon reading and filing the affidavit of Robin DiNatale, sworn to February 11, 2010, the notice of motion with proof of service thereof, the affirmation of Andrew B. Ayers, Esq. dated February 18, 2010, and due deliberation having been had thereon,

It is hereby ORDERED that petitioner's motion for reargument is granted, and upon reargument the order of this Court entered January 15, 2010 is hereby amended to the extent that respondent New York State Division of Human Rights is hereby ordered to serve the record of the proceedings on all parties on or before May 4, 2010, and

It is further ORDERED that the motion is granted insofar as it seeks an extension of time to file and serve petitioner's briefs, and petitioner's briefs shall be filed and served on or before June 8, 2010, and the Clerk is directed to accept said briefs for filing, and

It is further ORDERED respondents' briefs shall be filed and served on or before July 13, 2010, and the proceeding is hereby removed from the day calendar for May 18, 2010, and is added to the calendar for the term of this Court commencing September 7, 2010, and

It is further ORDERED that the motion is otherwise denied.

Entered: April 20, 2010

Patricia L. Morgan, Clerk