IN THE MATTER OF JOSEPHINE LARATONDA V CAROL DANKERT, COMMISSIONER, ERIE COUNTY DEPARTMENT OF SOCIAL SERVICES, NIRAV R.
Motion No: TP 12-00620
Slip Opinion No: 2012 NY Slip Op 83849(U)
Decided on September 10, 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.


September 10, 2012

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.


Respondents 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 having moved for an extension of time to file and serve a brief on 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 affirmation of Kathleen M. Treasure, Esq., dated August 20, 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 is granted on the condition that the brief is filed and served on or before October 5, 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 October 22, 2012.

Entered: September 10, 2012

Frances E. Cafarell, Clerk