IN THE MATTER OF PUTNAM COMPANIES, DOING BUSINESS AS ACORN MARKETS, INC. V NIRAV R. SHAH, M.D., M.P.H., COMMISSIONER
Motion No: TP 11-01956
Slip Opinion No: 2011 NY Slip Op 90628(U)
Decided on November 23, 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.


November 23, 2011

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

DOCKET NO. TP 11-01956

IN THE MATTER OF PUTNAM COMPANIES, DOING BUSINESS AS ACORN

MARKETS, INC., PETITIONER,

V

NIRAV R. SHAH, M.D., M.P.H., COMMISSIONER, NEW YORK STATE

DEPARTMENT OF HEALTH, RESPONDENT.


Petitioner 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 Steuben on September 2, 2011,

Now, upon reading and filing the affirmation of David H. Jacobs, Esq., dated November 4, 2011, the notice of motion with proof of service thereof, and the statement of Frank Brady, Esq., received November 16, 2011, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is granted on the condition that petitioner files and serves the brief on or before December 14, 2011, and the Clerk is directed to accept the brief for filing, and

It is further ORDERED that respondent's brief shall be filed and served on or before January 18, 2012, and the Clerk is directed to accept the brief for filing.

Entered: November 23, 2011

Patricia L. Morgan, Clerk