IN THE MATTER OF J.C. SMITH, INC. V NEW YORK STATE DEPARTMENT OF ECONOMIC DEVELOPMENT, ALSO KNOWN AS EMPIRE STATE
Motion No: TP 17-01928
Slip Opinion No: 2018 NY Slip Op 63669(U)
Decided on February 5, 2018
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.


February 5, 2018

PRESENT: SMITH, J.P., PERADOTTO, DEJOSEPH, CURRAN, AND WINSLOW, JJ.

DOCKET NO. TP 17-01928

IN THE MATTER OF J.C. SMITH, INC., PETITIONER,

V

NEW YORK STATE DEPARTMENT OF ECONOMIC DEVELOPMENT, ALSO

KNOWN AS EMPIRE STATE DEVELOPMENT, HOWARD ZEMSKY,

COMMISSIONER, NEW YORK STATE DEPARTMENT OF ECONOMIC

DEVELOPMENT AND CEO OF EMPIRE STATE DEVELOPMENT, DIVISION

OF MINORITY AND WOMEN'S BUSINESS DEVELOPMENT OF NEW YORK

STATE DEPARTMENT OF ECONOMIC DEVELOPMENT, AND LOURDES

ZAPATA, DIRECTOR, DIVISION OF MINORITY AND WOMEN'S BUSINESS

DEVELOPMENT OF NEW YORK STATE DEPARTMENT OF ECONOMIC

DEVELOPMENT, RESPONDENTS.


Respondents 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 Onondaga on October 18, 2017,

Now, upon reading and filing the affirmation of Allyson B. Levine, Esq., dated January 18, 2018, 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 March 2, 2018, and the Clerk is directed to accept the brief for filing.

Entered: February 5, 2018

Mark W. Bennett, Clerk