Appellate Division: Second Judicial Department

M59985

E/cb

ROBERT A. SPOLZINO, J.P.

GABRIEL M. KRAUSMAN

STEVEN W. FISHER

DANIEL D. ANGIOLILLO, JJ.

2007-04585 In the Matter of Frank Rizzuto, appellant, v Richard S. Daines, Commissioner of New York State Department of Health, David S. Hansell, as Commissioner of New York State temporary and Disability Assistance, and Michael F. Hogan, as Commissioner of New York State Office of Mental Health, respondents. (Index No. 15732/06)

DECISION & ORDER ON MOTION

Motion by the appellant, for leave to prosecute an appeal from a judgment of the Supreme Court, Nassau County, entered April 3, 2007, as a poor person, to enlarge the time to perfect the appeal, to direct the respondents to file with the Clerk of the Court the transcripts of the administrative hearing conducted by the New York State Department of Health on May 24, 2006, and for leave to amend the caption to substitute the successor state officials for the officials currently named in the caption.

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 branches of the motion which are for leave to prosecute the appeal on the original papers and to waive the filing fee are granted; and it is further,

ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the appellant's and respondent's briefs; the parties are directed to file nine copies of their respective briefs and to serve one copy on each other; and it is further,

ORDERED that payment of the filing fee is waived; and it is further,

ORDERED that the respondent's attorney is directed to file with the Clerk of the court a copy of the transcript of the administrative hearing conducted by the New York State Department of Health on May 24, 2006, on or before October 31, 2007, for transmittal to the appellant's counsel; the appellant's counsel is directed to return the transcript to the Clerk of the court when counsel serves and files the appellant's brief; and it is further,

ORDERED that the branch of the motion which is to enlarge the time to perfect the appeal is granted, the appellant's time to perfect the appeal by causing the original papers constituting the record on the appeal 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 appeal is enlarged until January 3, 2008; and it is further,

ORDERED that the branch of the motion which is to amend the caption is granted and the caption is amended as set forth above.

SPOLZINO, J.P., KRAUSMAN, FISHER and ANGIOLILLO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court