| Matter of Alvarez-Byrnes v New York City Housing Authorit |
| Motion No: 2007-04489 |
| Slip Opinion No: 2007 NYSlipOp 70849(U) |
| Decided on June 4, 2007 |
| Appellate Division, Second Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
Appellate Division: Second Judicial Department
M55444
E/sl
REINALDO E. RIVERA, J.P.
ANITA R. FLORIO
STEVEN W. FISHER
MARK C. DILLON, JJ.
|
2007-04489 In the Matter of Michelle Alvarez-Byrnes, petitioner, v New York City Housing Authority, respondent. (Index No. 39475/05)
| DECISION & ORDER ON MOTION |
Motion by the petitioner in a proceeding pursuant to CPLR article 78 which was transferred to this court by order of the Supreme Court, Kings County, dated February 10, 2006, to enlarge the time to perfect the proceeding, for leave to prosecute the proceeding as a poor person, and for leave to prosecute the proceeding on the original papers.
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 to enlarge the time to perfect the proceeding is denied, and it is further,
ORDERED that on the court's own motion, the proceeding is dismissed, without costs or disbursement, for failure to prosecute the proceeding in accordance with the rules of the court (see 22 NYCRR 670.8[e]), and it is further,
ORDERED that the branches of the motion which are for leave to prosecute the proceeding as a poor person and for leave to prosecute the proceeding on the original papers are denied as academic.
RIVERA, J.P., FLORIO, FISHER and DILLON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court