Matter of Herskovic v New York State Department of Motor
Motion No: 2008-02318
Slip Opinion No: 2008 NYSlipOp 74262(U)
Decided on June 10, 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

M71635

E/sl

REINALDO E. RIVERA, J.P.

ANITA R. FLORIO

THOMAS A. DICKERSON

ARIEL E. BELEN, JJ.

2008-02318

In the Matter of Yehuda Herskovic, petitioner,

v New York State Department of Motor Vehicles,

respondent.

(Index No. 37990/07)

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, Kings County, dated November 1, 2007, to waive the filing fee 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 as no filing fee is payable in a proceeding pursuant to CPLR article 78 which was transferred to this court by an order of the Supreme Court; and it is further,

ORDERED that the branch of the motion which is to enlarge the time to perfect the proceeding is granted, 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 is enlarged until August 11, 2008.

RIVERA, J.P., FLORIO, DICKERSON and BELEN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court