Appellate Division: Second Judicial Department

M45295

Y/sl

ANITA R. FLORIO, J.P.

GLORIA GOLDSTEIN

DANIEL F. LUCIANO

ROBERT J. LUNN, JJ.

2006-05718 In the Matter of Ismael Igartua, petitioner, v Donald Selsky, etc., et al., respondents. (Index No. 06-00159)

DECISION & ORDER ON MOTION Enlarge Time - Proceeding

Motion by the petitioner, inter alia, to enlarge the time to perfect a proceeding pursuant to CPLR article 78 which was transferred to this court by order of the Supreme Court, Westchester County, entered March 16, 2006, and for leave to perfect the proceeding on the original papers.

Upon the papers filed in support of the motion and the papers 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 granted, the proceeding will be heard on the original papers (including the transcript of the proceedings, if any) and on the briefs of the parties, who are directed to file nine copies of their respective briefs and to serve one copy on each other; and it is further,

ORDERED that the petitioner's time to perfect the proceeding by causing the original papers constituting the record on the proceedings to be filed in the office of the Clerk of this court (see 22 NYCRR 670.9[d][2]) and by serving and filing his brief is enlarged until November 30, 2006; and it is further,

ORDERED that the motion is otherwise denied.

FLORIO, J.P., GOLDSTEIN, LUCIANO and LUNN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court