IN THE MATTER OF ALAYNA GODFREY, BY HER PARENT AND NATURAL GUARDIAN MICHELLE GODFREY V NIRAV R. SHAH, COMMISSIONER, NEW
Motion No: TP 11-01540
Slip Opinion No: 2011 NY Slip Op 88061(U)
Decided on October 24, 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.


October 24, 2011

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

DOCKET NO. TP 11-01540

IN THE MATTER OF ALAYNA GODFREY, BY HER PARENT AND NATURAL

GUARDIAN MICHELLE GODFREY, PETITIONER,

V

NIRAV R. SHAH, COMMISSIONER, NEW YORK STATE DEPARTMENT OF

HEALTH AND PHILLIP NOSTRAMO, COMMISSIONER'S DESIGNEE,

RESPONDENTS.


Respondents having moved for an extension of time to file and serve a brief on this 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 Erie on June 22, 2011,

Now, upon reading and filing the affirmation of Kathleen M. Treasure, Esq., dated October 6, 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 the brief is filed and served on or before November 23, 2011, and the Clerk is directed to accept the brief for filing, and

It is further ORDERED that reply briefs, if any, shall be filed and served on or before December 8, 2011.

Entered: October 24, 2011

Patricia L. Morgan, Clerk