| IN THE MATTER OF PAUL PORTER V HOWARD A. ZUCKER, COMMISSIONER, NEW YORK STATE DEPARTMENT OF HEALTH |
| Motion No: TP 17-01011 |
| Slip Opinion No: 2017 NY Slip Op 84592(U) |
| Decided on August 28, 2017 |
| 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: WHALEN, P.J., SMITH, CENTRA, PERADOTTO, AND CARNI, JJ.
DOCKET NO. TP 17-01011
| IN THE MATTER OF PAUL PORTER, PETITIONER, V HOWARD A. 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 Erie on April 11, 2017,
Now, upon reading and filing the affirmation of Kathleen M. Treasure, Esq., dated August 14, 2017, the notice of motion with proof of service thereof, and the affirmation of Ryan J. McDonald, Esq., dated August 17, 2017, 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 September 21, 2017, and the Clerk is directed to accept the brief for filing, and
It is further ORDERED that reply briefs, if any, shall be filed and served on or before October 6, 2017.
Entered: August 28, 2017
Frances E. Cafarell, Clerk