PRESENT: SCUDDER, P.J., CENTRA, PERADOTTO, SCONIERS, AND PINE, JJ.

DOCKET NO. TP 10-00736

HELEN PETERSON, PETITIONER, V RICHARD F. DAINES, M.D., COMMISSIONER, NEW YORK STATE DEPARTMENT OF HEALTH, DAVID SUKOWY, COMMISSIONER, ONONDAGA COUNTY DEPARTMENT OF SOCIAL SERVICES AND ONONDAGA COUNTY DEPARTMENT OF SOCIAL SERVICES, RESPONDENTS.

Respondent Richard F. Daines having moved for an order permitting respondents to file an amended answer that includes the administrative record, deeming the amended answer filed as of the date of this order, deeming sufficient service of the amended answer on the other parties as an exhibit to this motion to be sufficient, setting forth a new briefing schedule, and for other relief, 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 Onondaga on March 29, 2010,

Now, upon reading and filing the affirmation of Kate H. Nepveu, Esq. dated April 28, 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 Clerk is directed to accept the amended answer for filing, and

It is further ORDERED that the scheduling order of this Court entered April 2, 2010 is hereby amended such that petitioner's revised brief, if any, shall be filed and served on or before June 18, 2010, and

It is further ORDERED that the scheduling order of this Court entered April 2, 2010 is hereby amended such that respondents' briefs shall now be filed and served on or before July 19, 2010, and

It is further ORDERED that the motion insofar as it seeks to have the appeal heard during the term of this Court commencing September 7, 2010 is hereby dismissed as unnecessary.

Entered: May 19, 2010

Patricia L. Morgan, Clerk