Appellate Division: Second Judicial Department

M49478

E/sl

WILLIAM F. MASTRO, J.P.

GLORIA GOLDSTEIN

ROBERT A. LIFSON

EDWARD D. CARNI, JJ.

2006-10992 In the Matter of Larry Johnson, petitioner, v Donald Selsky, respondent. (Index No. 9391/06)

DECISION & ORDER ON MOTION

Motion by the petitioner pro se for leave to prosecute a proceeding pursuant to CPLR article 78 which was transferred to this court by order of the Supreme Court, Westchester County, entered September 27, 2006, as a poor person, and for leave to file only two copies of his brief.

Upon the papers filed in support of the motion and no papers having been filed in opposition or in 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 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 the branch of the motion which is for leave to file only two copies of the brief is denied.

MASTRO, J.P., GOLDSTEIN, LIFSON and CARNI, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court