| IN THE MATTER OF MARY SCHERZ V NEW YORK STATE DEPARTMENT OF HEALTH AND ONONDAGA COUNTY DEPARTMENT OF SOCIAL SERVICES |
| Motion No: TP 11-01893 |
| Slip Opinion No: 2011 NY Slip Op 93472(U) |
| Decided on December 19, 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. |
PRESENT: SMITH, J.P., FAHEY, PERADOTTO, LINDLEY, AND MARTOCHE, JJ.
DOCKET NO. TP 11-01893
| IN THE MATTER OF MARY SCHERZ, PETITIONER, V NEW YORK STATE
DEPARTMENT OF HEALTH AND ONONDAGA COUNTY DEPARTMENT OF SOCIAL SERVICES, RESPONDENTS. |
Respondent New York State Department of Health 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 Onondaga on June 28, 2011,
Now, upon reading and filing the affirmation of Kathleen M. Treasure, Esq., dated December 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 January 11, 2012, 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 January 26, 2012.
Entered: December 19, 2011
Patricia L. Morgan, Clerk