Appellate Division: Second Judicial Department

M60895

E/sl

ROBERT W. SCHMIDT, J.P.

STEVEN W. FISHER

ROBERT A. LIFSON

EDWARD D. CARNI, JJ.

2007-04944 In the Matter of Bonnie Wittie, petitioner, v State of New York Office of Children & Family Services, et al., respondents. (Index No. 11195/06)

DECISION & ORDER ON MOTION

Motion by the petitioner in a proceeding pursuant to CPLR article 78 which was transferred to this Court by an order of the Supreme Court, Nassau County, dated March 26, 2007, for leave to prosecute the proceeding as a poor person and to enlarge the time to perfect the proceeding.

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 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 prosecute the proceeding 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 the branch of the motion which is to enlarge the time to perfect the proceeding is granted, and the petitioner's time to perfect the proceeding by causing the original papers constituting the record to be filed in the office of the Clerk of this Court (see 22 NYCRR 670.9[d][2]) and by serving and filing her brief is enlarged until January 8, 2008.

SCHMIDT, J.P., FISHER, LIFSON and CARNI, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court