| IN THE MATTER OF MARK DONVITO VOLUNTARY ADMINISTRATOR OF THE ESTATE OF NICHOLAS J. DONVITO, DECEASED V NIRAV R. SHAH |
| Motion No: TP 12-02248 |
| Slip Opinion No: 2013 NY Slip Op 68783(U) |
| Decided on March 27, 2013 |
| 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: SMITH, J.P., PERADOTTO, LINDLEY, VALENTINO, AND MARTOCHE, JJ.
DOCKET NO. TP 12-02248
| IN THE MATTER OF MARK DONVITO, VOLUNTARY ADMINISTRATOR
OF THE ESTATE OF NICHOLAS J. DONVITO, DECEASED, PETITIONER, V NIRAV R. SHAH, M.D., M.P.H., COMMISSIONER, NEW YORK
STATE DEPARTMENT OF HEALTH, ELIZABETH R. BERLIN, EXECUTIVE DEPUTY COMMISSIONER, NEW YORK STATE OFFICE OF TEMPORARY
AND DISABILITY ASSISTANCE, AND DAVID SUTKOWY, COMMISSIONER, ONONDAGA COUNTY DEPARTMENT OF SOCIAL SERVICES,
RESPONDENTS. |
Respondents Nirav R. Shah, M.D., M.P.H., Commissioner, New York State Department of Health and Elizabeth R. Berlin, Executive Deputy Commissioner, New York State Office of Temporary and 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 order of the Supreme Court entered in the Office of the Clerk of the County of Onondaga on December 4, 2012,
Now, upon reading and filing the affirmation of Victor Paladino, Esq., dated March 4, 2013, 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 respondents' brief is filed and served on or before April 15, 2013, and the Clerk is directed to accept the brief for filing.
Entered: March 27, 2013
Frances E. Cafarell, Clerk