IN THE MATTER OF HUNTINGTON LIVING CENTER V RICHARD F. DAINES, M.D., COMMISSIONER OF HEALTH OF STATE OF NEW YORK, AND
Motion No: CA 14-01492
Slip Opinion No: 2014 NY Slip Op 92380(U)
Decided on December 9, 2014
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.


December 9, 2014

PRESENT: SCUDDER, P. J., CENTRA, PERADOTTO, CARNI, AND SCONIERS, JJ.

DOCKET NO. CA 14-01492

IN THE MATTER OF HUNTINGTON LIVING CENTER,

PETITIONER-APPELLANT,

V

RICHARD F. DAINES, M.D., COMMISSIONER OF HEALTH OF STATE OF

NEW YORK, AND LAURA L. ANGLIN, DIRECTOR OF BUDGET OF STATE

OF NEW YORK, RESPONDENTS-RESPONDENTS.


Respondents having moved for an extension of time to file and serve a brief on the appeal taken herein from a judgment of the Supreme Court entered in the Office of the Clerk of the County of Seneca on October 23, 2013, and having moved to have the appeal put over to the term commencing April 6, 2015,

Now, upon reading and filing the affirmation of Kate H. Nepveu, Esq., dated October 27, 2014, and the notice 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 an extension of time to file and serve a respondents' brief is granted to the extent that the first ordering paragraph of the order of this Court entered September 22, 2014, is hereby amended by deleting the date October 22, 2014, and inserting in its place the date January 22, 2015, and

It is further ORDERED that the second ordering paragraph of the order of this Court entered September 22, 2014, is hereby amended by deleting the date November 6, 2014, and inserting in its place the date February 6, 2015, and

It is further ORDERED that the motion insofar as it seeks to put the appeal over term is granted, and the appeal is removed from the Court's day calendar for March 4, 2015, and added to the calendar for the term of this Court commencing April 6, 2015.

Entered: December 9, 2014

Frances E. Cafarell, Clerk