Appellate Division: Second Judicial Department

M75511

E/sl

ROBERT A. LIFSON, J.P.

ANITA R. FLORIO

RANDALL T. ENG

CHERYL E. CHAMBERS, JJ.

2008-03274 In the Matter of Rafaela Ortiz, petitioner, v Office of Children & Family Services, et al., respondents. (Index No. 80351/07)

DECISION & ORDER ON MOTION

Motion by the petitioner pro se for leave to prosecute a proceeding pursuant to CPLR article 78, which was transferred to this court by an order of the Supreme Court, Richmond County, dated February 13, 2008, as a poor person, for the assignment of counsel, 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 in relation thereto, it is

ORDERED that the branch of the motion which is for leave to prosecute the proceeding on the original papers is denied, with leave to renew upon proper papers, including the petitioner's affidavit setting forth the petitioner's full financial situation including all savings and 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 payment of the filing fee is denied as unnecessary as no filing fee is payable in a proceeding pursuant to CPLR article 78 that 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 for the assignment of counsel is denied; and it is further,

ORDERED that the branch of the motion which is to enlarge the time to perfect the proceeding is granted, the time to perfect the proceeding is enlarged until November 10, 2008, and the petitioner's record or appendix and brief must be served and filed on or before that date.

LIFSON, J.P., FLORIO, ENG and CHAMBERS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court