Appellate Division: Second Judicial Department

M75106

E/sl

WILLIAM F. MASTRO, J.P.

PETER B. SKELOS

MARK C. DILLON

WILLIAM E. McCARTHY, JJ.

2007-06655 In the Matter of Troy Smith, petitioner, v Donald Selsky, etc., respondent. (Index No. 06-20863)

DECISION & ORDER ON MOTION

Separate motions by the petitioner pro se to enlarge the time to perfect a proceeding pursuant to CPLR article 78, which was transferred to this court by order of the Supreme Court, Westchester County, dated July 16, 2007, and, in effect, to waive the filing fee.

Upon the papers filed in support of the motions and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motion 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 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 October 28, 2008; and it is further,

ORDERED that no further enlargement of time shall be granted; and it is further,

ORDERED that the motion to waive the filing fee is denied as unnecessary in light of the decision and order on motion of this court dated April 10, 2008.

MASTRO, J.P., SKELOS, DILLON and McCARTHY, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court