IN THE MATTER OF WILLIAM B. JOHNSTON V GALEN D. KIRKLAND, COMMISSIONER, NEW YORK STATE DIVISION OF HUMAN RIGHTS, SCOTT
Motion No: TP 12-00005
Slip Opinion No: 2012 NY Slip Op 66550(U)
Decided on March 5, 2012
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.


March 5, 2012

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

DOCKET NO. TP 12-00005

IN THE MATTER OF WILLIAM B. JOHNSTON, PETITIONER,

V

GALEN D. KIRKLAND, COMMISSIONER, NEW YORK STATE DIVISION OF

HUMAN RIGHTS, SCOTT GEHL, HOUSING OPPORTUNITIES MADE EQUAL,

INC., STEPHANIE M. GILLIAM, ERIC T. SCHNEIDERMAN, NEW YORK

STATE ATTORNEY GENERAL, MAYOR BYRON W. BROWN AND ERIE

COUNTY EXECUTIVE CHRISTOPHER C. COLLINS, RESPONDENTS.


Petitioner having moved for an extension of time to file and serve a brief on this proceeding pursuant to Executive Law § 298 transferred to this Court by order of the Supreme Court entered in the Office of the Clerk of the County of Erie on September 2, 2011,

Now, upon reading and filing the affidavit of William B. Johnston sworn to February 13, 2012, the notice of motion with proof of service thereof, and the affirmation of Toni Ann Hollifield, Esq., dated February 22, 2012, 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 March 19, 2012, and the Clerk is directed to accept the brief for filing, and

It is further ORDERED that respondents' briefs shall be filed and served on or before April 23, 2012, and the Clerk is directed to accept the briefs for filing.

Entered: March 5, 2012

Frances E. Cafarell, Clerk