Appellate Division: Second Judicial Department

M53482

E/sl

ROBERT A. SPOLZINO, J.P.

STEVEN W. FISHER

JOSEPH COVELLO

WILLIAM E. McCARTHY, JJ.

2006-08331 In the Matter of Cletus Leon, petitioner, v Commissioner of Department of Corrections, respondent. (Index No. 2384/06)

DECISION & ORDER ON MOTION

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 August 28, 2006, as a poor person, and for the assignment of counsel.

Upon the papers filed in support of the motion and the papers filed in opposition 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[a][1]); and it is further,

ORDERED that the motion is otherwise denied; and it is further,

ORDERED that on the court's own motion, the petitioner's time to perfect the proceeding is enlarged until June 18, 2007, and the original papers constituting the record and the petitioner's brief must be served and filed on or before that date; and it is further,

ORDERED that no further enlargements of time shall be granted.

SPOLZINO, J.P., FISHER, COVELLO and McCARTHY, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court