Matter of Herskovic v New York State Department of Motor
Motion No: 2008-00818
Slip Opinion No: 2008 NYSlipOp 69275(U)
Decided on April 16, 2008
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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M69062

E/sl

REINALDO E. RIVERA, J.P.

FRED T. SANTUCCI

RANDALL T. ENG

CHERYL E. CHAMBERS, JJ.

2008-00818

In the Matter of Yehuda Herskovic, petitioner,

v New York State Department of Motor

Vehicles, respondent.

(Index No. 25256/07)

DECISION & ORDER ON MOTION

Motion by the petitioner pro se in a proceeding pursuant to CPLR article 78, which was transferred to this court by order of the Supreme Court, Kings County, dated December 11, 2007, for leave to prosecute the petition on the original record and to waive the filing fee.

Upon the papers filed in support of the motion and the papers filed in opposition or relation thereto, it is

ORDERED that the branch of the motion which is for leave to prosecute the petition on the original record is denied, with leave to renew upon proper papers, including the appellant's affidavit setting forth the appellant's full financial situation including all assets, both real and personal, as well as any and all sources of income and expenses; and it is further,

ORDERED that the branch of the motion which is to waive the filing fee is denied as unnecessary as no filing fee is charged in a proceeding pursuant to CPLR article 78, which was transferred to this court by the Supreme Court.

RIVERA, J.P., SANTUCCI, ENG and CHAMBERS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court