IN THE MATTER OF THE ESTATE OF EMILIE S. BURKE, DECEASED, BY SANDRA DIMARCO, EXECUTOR V HOWARD ZUCKER, COMMISSIONER
Motion No: TP 16-00501
Slip Opinion No: 2016 NY Slip Op 78300(U)
Decided on June 27, 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.


June 27, 2016

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

DOCKET NO. TP 16-00501

IN THE MATTER OF THE ESTATE OF EMILIE S. BURKE, DECEASED,

BY SANDRA DIMARCO, EXECUTOR, PETITIONER,

V

HOWARD ZUCKER, COMMISSIONER, NEW YORK STATE DEPARTMENT OF

HEALTH, RESPONDENT.


Respondent 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 Cayuga on March 23, 2016,

Now, upon reading and filing the affirmation of Kate H. Nepveu, Esq., dated June 8, 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 the brief is filed and served on or before July 20, 2016, and the Clerk is directed to accept the brief for filing.

Entered: June 27, 2016

Frances E. Cafarell, Clerk