In the Matter of Donald L. Brady et petitioners v New York Department of Labor et



In the Matter of Donald L. Brady et petitioners v New York Department of Labor et
Motion No: 510085
Slip Opinion No: 2010 NY Slip Op 81427(U)
Decided on September 2, 2010
Appellate Division, Third 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.



Decided and Entered: September 2, 2010

Case # 510085


In the Matter of DONALD L. BRADY, et al.,

Petitioners,

v
NEW YORK DEPARTMENT OF LABOR et al.,

Respondents.


DECISION AND ORDER
ON MOTION

Motion to dismiss.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the motion is denied, without costs, and without prejudice to the issue involved being raised upon the argument of the proceeding. Respondents' time to file and serve an answer is extended to October 4, 2010.
CARDONA, P.J., ROSE, LAHTINEN, MALONE JR. and KAVANAGH, JJ., concur.
ENTER:



Michael J. Novack
Clerk of the Court