Appellate Division: Second Judicial Department

M85829

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A. GAIL PRUDENTI, P.J.

HOWARD MILLER

RANDALL T. ENG

ARIEL E. BELEN, JJ.

2008-03415 In the Matter of Dennis White, petitioner, v Rocco Pozzi, etc., respondent. (Index No. 08-197)

DECISION & ORDER ON MOTION

Renewed 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, Westchester County, entered March 12, 2008, on the original papers and for the assignment of counsel.

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

ORDERED that the branch of the motion which is for leave to prosecute the proceeding on the original papers is granted, and 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 the assignment of counsel is denied; and it is further,

ORDERED that the petitioner's time to perfect the appeal by causing the original papers constituting the record on the appeal 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 on the appeal, is enlarged until June 26, 2009.

PRUDENTI, P.J., MILLER, ENG and BELEN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court