PRESENT: SCUDDER, P.J., CENTRA, CARNI, SCONIERS, AND GREEN, JJ.

DOCKET NO. TP 10-02283

IN THE MATTER OF SUSAN KRUSE, PETITIONER, V NEW YORK STATE DIVISION OF HUMAN RIGHTS, NEW YORK STATE DEPARTMENT OF CORRECTIONAL SERVICES/COLLINS CORRECTIONAL FACILITY, NEW YORK STATE OFFICE OF STATE COMPTROLLER, RESPONDENTS.

Respondent New York State Department of Correctional Services (DOCS) having moved for permission to file a late answer and, for an extension of the Court's briefing schedule on this CPLR article 78 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 November 10, 2010,

Now, upon reading and filing the affirmation of Zainab A. Chaudhry, Esq. dated December 16, 2010, and 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 insofar as it seeks permission to file and serve a late answer on the condition that respondent DOCS files and serves an answer on or before February 10, 2011, and

It is further ORDERED that the motion is granted insofar as it seeks an extension of this Court's briefing schedule, and

It is further ORDERED that petitioner shall file and serve a supplemental brief, if any, on or before March 14, 2011, and the Clerk shall accept the brief for filing, and

It is further ORDERED that all respondents' briefs shall be filed and served on or before April 13, 2011, and the Clerk shall accept the brief for filing, and

It is further ORDERED that the proceeding is removed from the Court's day calendar for March 2, 2011, and added to the calendar for the term of this Court commencing May 16, 2011.

Entered: January 25, 2011

Patricia L. Morgan, Clerk