IN THE MATTER OF PAUL J. NOE V GALEN D. KIRKLAND, COMMISSIONER, NEW YORK STATE DIVISION OF HUMAN RIGHTS, NEW YORK STATE
Motion No: TP 12-01112
Slip Opinion No: 2012 NY Slip Op 82973(U)
Decided on August 28, 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.


August 28, 2012

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

DOCKET NO. TP 12-01112

IN THE MATTER OF PAUL J. NOE, PETITIONER,

V

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

HUMAN RIGHTS, NEW YORK STATE DIVISION OF HUMAN RIGHTS AND

LEON H. MARTIN, III, 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 an order of the Supreme Court entered in the Office of the Clerk of the County of Erie on June 14, 2012,

Now, upon reading and filing the affirmation of Richard T. Sullivan, Esq., dated August 8, 2012, the notice of motion with proof of service thereof, and the affirmation of Toni Ann Hollifield, Esq., dated August 14, 2012, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is granted on the condition that petitioner's brief is filed and served on or before September 10, 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 October 15, 2012.

Entered: August 28, 2012

Frances E. Cafarell, Clerk