Appellate Division: Second Judicial Department

M58629

S/sl

REINALDO E. RIVERA, J.P.

DAVID S. RITTER

EDWARD D. CARNI

WILLIAM E. McCARTHY, JJ.

2007-04628 In the Matter of Richard Reyes, petitioner, v Lucian LeClaire, respondent. (Index No. 06-16756)

DECISION & ORDER ON MOTION

On the court's own motion, it is

ORDERED that its decision and order on motion dated August 6, 2007, in the above-entitled matter is recalled and vacated, and the following decision and order on motion is substituted therefor:

Motion by the appellant 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, dated January 24, 2007, as a poor person and to waive the filing fee.

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, and 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 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 branch of the motion which is for free transcripts is denied; and it is further,

ORDERED that on the court's own motion, the petitioner's time to perfect the proceeding by causing the original papers constituting the record on the proceeding 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 on the proceeding is enlarged until October 5, 2007.

RIVERA, J.P., RITTER, CARNI and McCARTHY, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court