Appellate Division: Second Judicial Department

M39623

C/sl

ROBERT W. SCHMIDT, J.P.

FRED T. SANTUCCI

DANIEL F. LUCIANO

REINALDO E. RIVERA, JJ.

2005-09117 In the Matter of Julio Borrell, petitioner, v Glenn Goord, etc., respondent. (Index No. 2507/05)

DECISION & ORDER ON MOTION

Motion by the petitioner in a proceeding pursuant to CPLR article 78 which was transferred to this court by an order of the Supreme Court, Dutchess County, dated September 19, 2005, to enlarge the time to perfect the proceeding, to file less than 9 copies of his brief, and for leave to proceed on the original papers.

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

ORDERED that the branch of the motion which is for leave to proceed on the original papers is denied as unnecessary, as leave to proceed on the original papers was granted by decision and order on motion of this court dated December 15, 2005; and it is further,

ORDERED that the branch of the motion which is to enlarge the time to perfect the proceeding is granted; the petitioner's time to perfect the proceeding is enlarged until July 3, 2006, and the petitioner's brief must be served and filed on or before that date; and it is further,

ORDERED that the motion is otherwise denied.

SCHMIDT, J.P., SANTUCCI, LUCIANO and RIVERA, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court