IN THE MATTER OF JOHN KENNEDY V NEW YORK STATE OFFICE FOR PEOPLE WITH DEVELOPMENTAL DISABILITIES AND KERRY DELANEY
Motion No: TP 18-01738
Slip Opinion No: 2019 NY Slip Op 62896(U)
Decided on January 14, 2019
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.


January 14, 2019

PRESENT: SMITH, J.P., PERADOTTO, CARNI, LINDLEY, AND TROUTMAN, JJ.

DOCKET NO. TP 18-01738

IN THE MATTER OF JOHN KENNEDY, PETITIONER,

V

NEW YORK STATE OFFICE FOR PEOPLE WITH DEVELOPMENTAL

DISABILITIES AND KERRY DELANEY, ACTING COMMISSIONER, NEW

YORK STATE OFFICE FOR PEOPLE WITH DEVELOPMENTAL

DISABILITIES, RESPONDENTS.


Petitioner and respondents having moved to adjourn oral argument of 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 February 5, 2018, and respondents having moved for an extension of time to file and serve a brief,

Now, upon reading and filing the affidavit of D. Jeffrey Gosch, Esq., sworn to December 27, 2018, the affirmation of Kathleen M. Treasure, Esq., dated January 2, 2019, and the notices of motion with proof of service thereof, and due deliberation having been had thereon,

It is hereby ORDERED that the motions insofar as they seeks to adjourn oral argument is granted and the proceeding is removed from the Court's day calendar for February 28, 2019, and is added to the term of this Court commencing April 1, 2019, and

It is further ORDERED that respondents' motion is granted on the condition that the brief is filed and served on or before February 21, 2019, and the Clerk is directed to accept the brief for filing.

Entered: January 14, 2019

Mark W. Bennett, Clerk