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 91066(U)
Decided on November 21, 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.


November 21, 2012

PRESENT: SCUDDER, P. J., CENTRA, CARNI, LINDLEY, AND SCONIERS, 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 for an extension of time to file a reply 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 affidavits of Anthony Szczygiel, Esq., sworn to November 1, 2012, the affidavit of Frank Laratonda sworn to November 1, 2012, and the notices 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 an extension of time to file and serve a reply brief is granted, on the condition that petitioner files and serves the brief on or before December 6, 2012.

Entered: November 21, 2012

Frances E. Cafarell, Clerk