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

DOCKET NO. TP 12-00620

IN THE MATTER OF JOSEPHINE LARATONDA, PETITIONER, V CAROL DANKERT, COMMISSIONER, ERIE COUNTY DEPARTMENT OF SOCIAL SERVICES, NIRAV R. SHAH, COMMISSIONER, NEW YORK STATE DEPARTMENT OF HEALTH, AND ELIZABETH BERLIN, ACTING COMMISSIONER, OFFICE OF ADMINISTRATIVE HEARINGS, NEW YORK STATE OFFICE OF TEMPORARY DISABILITY ASSISTANCE, RESPONDENTS.

Petitioner having moved for permission to proceed as a poor person and to vacate dismissal of this CPLR article 78 proceeding transferred to this Court by an order of the Supreme Court entered in the Office of the Clerk of the County of Erie on April 2, 2012,

Now, upon reading and filing the affidavits of Anthony Szczygiel, Esq., sworn to May 24, 2012, and June 1, 2012, the affidavit of Frank Laratonda sworn to June 1, 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 permission to proceed as a poor person is dismissed as unnecessary, and

It is further ORDERED that the motion insofar as it seeks to vacate dismissal of the proceeding is granted, on the condition that petitioner files and serves the brief on or before July 23, 2012.

Entered: June 21, 2012

Frances E. Cafarell, Clerk