PRESENT: SCUDDER, P.J., SMITH, LINDLEY, AND MARTOCHE, 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, and having moved to put the proceeding over term,

Now, upon reading and filing the affidavit of William B. Johnston sworn to March 14, 2012, and the notice of motion with proof of service thereof, and due deliberation having been had thereon,

It is hereby ORDERED that the motion insofar as it seeks an extension of time to file and serve petitioner's brief is granted to the extent that the first ordering paragraph of the order of this Court entered March 5, 2012, is hereby amended by deleting the date March 19, 2012, and inserting in its place the date June 18, 2012, and

It is further ORDERED that the second ordering paragraph of the order of this Court entered March 5, 2012, is hereby amended by deleting the date April 23, 2012, and inserting in its place the date July 23, 2012, and

It is further ORDERED that the motion insofar as it seeks to put the proceeding over term is granted, and the proceeding is removed from the Court's day calendar for May 16, 2012, and added to the calendar for the term of this Court commencing September 4, 2012.

Entered: April 5, 2012

Frances E. Cafarell, Clerk