IN THE MATTER OF TOWN OF EDEN V KERRY A. DELANEY, ACTING COMMISSIONER, NEW YORK STATE OFFICE FOR PEOPLE WITH
Motion No: TP 16-00256
Slip Opinion No: 2016 NY Slip Op 68885(U)
Decided on March 28, 2016
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.


March 28, 2016

PRESENT: WHALEN, P.J., SMITH, CENTRA, PERADOTTO, AND CARNI, JJ.

DOCKET NO. TP 16-00256

IN THE MATTER OF TOWN OF EDEN, PETITIONER,

V

KERRY A. DELANEY, ACTING COMMISSIONER, NEW YORK STATE

OFFICE FOR PEOPLE WITH DEVELOPMENTAL DISABILITIES,

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 an order of the Supreme Court entered in the Office of the Clerk of the County of Erie on February 18, 2016,

Now, upon reading and filing the affidavit of William J. Trask, Sr., Esq., sworn to March 17, 2016, 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 petitioner's brief is filed and served on or before June 3, 2016, 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 July 8, 2016, and the Clerk is directed to accept the brief for filing.

Entered: March 28, 2016

Frances E. Cafarell, Clerk