IN THE MATTER OF LEYDY S. BELLO V NEW YORK STATE OFFICE OF TEMPORARY AND DISABILITY ASSISTANCE
Motion No: TP 11-00046
Slip Opinion No: 2011 NY Slip Op 78233(U)
Decided on July 7, 2011
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.


July 7, 2011

PRESENT: SCUDDER, P. J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.

DOCKET NO. TP 11-00046

IN THE MATTER OF LEYDY S. BELLO, PETITIONER,

V

NEW YORK STATE OFFICE OF TEMPORARY AND DISABILITY

ASSISTANCE, RESPONDENT.


Petitioner having moved renew the motion to vacate the dismissal of 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 Niagara on October 6, 2010,

Now, upon reading and filing the affidavit of Leydy S. Bello, sworn to June 15, 2011, 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, on the condition that petitioner files and serves a brief pursuant to this Court's rules (see 22 NYCRR 1000.8) on or before August 8, 2011, and the Clerk is directed to accept the brief for filing, and

It is further ORDERED that in the event petitioner properly files and serves a brief on or before August 8, 2011, respondent shall file and serve its brief on or before September 12, 2011, and the Clerk is directed to accept the brief for filing.

Entered: July 7, 2011

Patricia L. Morgan, Clerk