Klimov v. N.Y. State Div. of Human Rights

Full title: IN THE MATTER OF ALEKSANDR KLIMOV, PETITIONER, v. NEW YORK STATE DIVISION…

Court: Appellate Division of the Supreme Court of the State of New York

Date published: Feb 28, 2017

2017 N.Y. Slip Op. 65769 (N.Y. App. Div. 2017)

Opinion

DOCKET NO. TP 16-01824

02-28-2017

IN THE MATTER OF ALEKSANDR KLIMOV, PETITIONER, v. NEW YORK STATE DIVISION OF HUMAN RIGHTS AND NEW YORK STATE DEPARTMENT OF TRANSPORTATION, RESPONDENTS.

WHALEN, P.J., CARNI, NEMOYER, CURRAN, AND TROUTMAN, JJ.

PRESENT:

Respondent New York State Department of Transportation having moved for permission to file and serve an amended answer and for an order directing the Clerk's Office to destroy the answer filed on December 21, 2016, and having moved for an extension of time to file a brief in this CPLR article 78 proceeding transferred to this Court by an order of Supreme Court entered in the Office of the Clerk of the County of Erie on June 14, 2016,

Now, upon reading and filing the affirmation of Joseph M. Spadola, Esq., dated January 31, 2017, 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 insofar as it seeks permission to file and serve an amended answer and for an extension of time to file and serve a respondent's brief, and respondent shall file and serve the amended answer and brief on or before March 10, 2017, and

It is further ORDERED that the motion is granted insofar as it seeks an order directing the Clerk's Office to destroy respondent New York State Department of Transportation's answer filed in this Court on December 21, 2016.

Entered: February 28, 2017

Frances E. Cafarell, Clerk