| IN THE MATTER OF JEFFREY MILLER, DOING BUSINESS AS JEFF'S CLUBHOUSE V NEW YORK STATE DEPARTMENT OF HEALTH |
| Motion No: TP 12-01599 |
| Slip Opinion No: 2012 NY Slip Op 89269(U) |
| Decided on November 1, 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. |
PRESENT: SCUDDER, P. J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.
DOCKET NO. TP 12-01599
| IN THE MATTER OF JEFFREY MILLER, DOING BUSINESS AS JEFF'S
CLUBHOUSE, PETITIONER, V NEW YORK STATE DEPARTMENT OF HEALTH, RESPONDENT. |
Petitioner having moved for an extension of time to file and serve a brief on this CPLR article 78 proceeding transferred to this Court by order of the Supreme Court entered in the Office of the Clerk of the County of Steuben on September 14, 2009,
Now, upon reading and filing the affidavit of Timothy J. Rosell, Esq., sworn to October 10, 2012, the notice of motion with proof of service thereof, and the affirmation of Paul Groenwegen, Esq., dated October 18, 2012, 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 November 30, 2012, and the Clerk is directed to accept the brief for filing, and
It is further ORDERED that respondent's brief shall be filed and served on or before January 4, 2013, and the Clerk is directed to accept the brief for filing.
Entered: November 1, 2012
Frances E. Cafarell, Clerk