Matter of Hargrove v Van Dyke Housing
Motion No: 2007-03793
Slip Opinion No: 2008 NYSlipOp 79357(U)
Decided on August 4, 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

M74044

S/sl

ROBERT A. LIFSON, J.P.

ANITA R. FLORIO

DANIEL D. ANGIOLILLO

ARIEL E. BELEN, JJ.

2007-03793

In the Matter of Toccara Hargrove, petitioner,

v Van Dyke Housing, respondent.

(Index No. 15083/06)

DECISION & ORDER ON MOTION

Motion by the petitioner to recall and vacate so much of a decision and order on motion of this court dated March 4, 2008, entitled "In the Matter of Dismissal of Causes for Failure to Perfect - February 2008 Calendar," as dismissed a proceeding pursuant to CPLR article 78 which was transferred to this court by order of the Supreme Court, Kings County, dated April 5, 2007, to reinstate the proceeding, to enlarge the time to perfect the proceeding, for leave to proceed on the original papers, and to waive the filing fee.

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

ORDERED that the motion is granted so much of the decision and order on motion of this court dated March 4, 2008, as dismissed the above-entitled proceeding is recalled and vacated, and the proceeding is reinstated; and it is further,

ORDERED that the 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 for waiver of the filing fee is denied as unnecessary as there is no filing fee on a transferred CPLR article 78 proceeding; and it is further,

ORDERED that 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 her brief is enlarged until September 15, 2008; and it is further,

ORDERED that no further enlargement of time shall be granted.

LIFSON, J.P., FLORIO, ANGIOLILLO and BELEN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court