| Matter of Mabry v Maddox |
| Motion No: 2007-11765 |
| Slip Opinion No: 2008 NYSlipOp 71988(U) |
| Decided on May 14, 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. |
Appellate Division: Second Judicial Department
M70472
J/sl
A. GAIL PRUDENTI, P.J.
HOWARD MILLER
MARK C. DILLON
WILLIAM E. McCARTHY, JJ.
|
2007-11765 In the Matter of Sharon Mabry, petitioner, v E. Maddox, etc., et al., respondents. (Index No. 07-8418)
| DECISION & ORDER ON MOTION |
On the court's own motion, it is
ORDERED that its decision and order on motion dated March 6, 2008, in the above-entitled case is recalled and vacated, and the following decision and order on motion is substituted therefor:
Motion by the petitioner to waive the filing fee in a proceeding pursuant to CPLR article 78 that was transferred to this court by an order of the Supreme Court, Westchester County, entered October 26, 2007, and, in effect, for leave to prosecute the appeal on the original papers.
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 as no fee is charged upon the filing of a record and/or brief in a proceeding pursuant to CPLR article 78 that was transferred to this court; and it is further,
ORDERED that the branch of the motion which is for leave to proceed on the original papers is granted, and the proceeding shall 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 on the court's own motion, the petitioner's time to perfect the proceeding is enlarged, and the petitioner's brief which was submitted to the Clerk of this court, is accepted for filing; and it is further,
ORDERED that on the court's own motion, the respondent's time to serve and file a brief is enlarged, and the respondent's brief must be served and filed on or before June 20, 2008.
PRUDENTI, P.J., MILLER, DILLON and McCARTHY, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court