Opinion
Motion No: TP 12-00620
11-21-2012
IN THE MATTER OF JOSEPHINE LARATONDA, PETITIONER, v. CAROL DANKERT, COMMISSIONER, ERIE COUNTY DEPARTMENT OF SOCIAL SERVICES, NIRAV R. SHAH, COMMISSIONER, NEW YORK STATE DEPARTMENT OF HEALTH, AND ELIZABETH BERLIN, ACTING COMMISSIONER, OFFICE OF ADMINISTRATIVE HEARINGS, NEW YORK STATE OFFICE OF TEMPORARY DISABILITY ASSISTANCE, RESPONDENTS.
PRESENT: , P. J., CENTRA, CARNI, LINDLEY, AND SCONIERS, JJ.
Petitioner having moved for permission to proceed as a poor person and for an extension of time to file a reply 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 2, 2012,
Now, upon reading and filing the affidavits of Anthony Szczygiel, Esq., sworn to November 1, 2012, the affidavit of Frank Laratonda sworn to November 1, 2012, and the notices of motion with proof of service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that the motion insofar as it seeks permission to proceed as a poor person is dismissed as unnecessary, and
It is further ORDERED that the motion insofar as it seeks an extension of time to file and serve a reply brief is granted, on the condition that petitioner files and serves the brief on or before December 6, 2012.
Frances E. Cafarell, Clerk