Matter of De La Cruz v Selsky
Motion No: 2005-01734
Slip Opinion No: 2006 NYSlipOp 65565(U)
Decided on March 24, 2006
Appellate Division, Second 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M37649

T/sl

A. GAIL PRUDENTI, P.J.

FRED T. SANTUCCI

GABRIEL M. KRAUSMAN

MARK C. DILLON, JJ.

2005-01734

In the Matter of Jose De La Cruz, petitioner,

v Donald Selsky, respondent.

(Index No. 5088/04)

DECISION & ORDER ON MOTION

Motion by the petitioner pro se in a proceeding pursuant to CPLR article 78 which was transferred to this court by order of the Supreme Court, Dutchess County, dated January 21, 2005, to waive the requirements of 22 NYCRR 670.10.2(f) regarding certification of the appendix on appeal.

Upon the papers filed in support of the motion and no papers having been filed in opposition thereto, it is

ORDERED that the motion is granted; and it is further,

ORDERED that on the court's own motion, the respondent's time to serve and file a brief is enlarged until April 24, 2006, and the respondent's brief shall be served and filed on or before that date.

PRUDENTI, P.J., SANTUCCI, KRAUSMAN and DILLON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court