Appellate Division: Second Judicial Department

M45439

T/sl

ROBERT A. SPOLZINO, J.P.

PETER B. SKELOS

STEVEN W. FISHER

MARK C. DILLON, JJ.

2005-09959 In the Matter of Carlos Solano, petitioner, v William Mazzuca, etc., et al., respondents. (Index No. 1888/05)

DECISION & ORDER ON MOTION

On the court's own motion, it is

ORDERED that its decision and order dated August 1, 2006, in the above-entitled case is recalled and vacated, and the following decision and order is substituted therefor:

Motion by the petitioner for leave to prosecute a proceeding pursuant to CPLR article 78 which was transferred to this court by order of the Supreme Court, Dutchess County, dated October 18, 2005, as a poor person, and for the assignment of counsel.

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 granted, the proceeding shall 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 branch of the motion which is to waive the filing fee is denied as unnecessary (see 22 NYCRR 670.22); and it is further,

ORDERED that those branches of the motion which are for a copy of the transcript without charge and for the assignment of counsel are denied; and it is further,

ORDERED that on the court's own motion, the petitioner's time to perfect the proceeding by serving and filing his brief is enlarged until November 6, 2006.

SPOLZINO, J.P., SKELOS, FISHER and DILLON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court