| Matter of Anekwe v Ercole |
| Motion No: 2009-06995 |
| Slip Opinion No: 2009 NY Slip Op 87607(U) |
| Decided on October 27, 2009 |
| 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. |
Appellate Division: Second Judicial Department
M93712
E/sl
REINALDO E. RIVERA, J.P.
STEVEN W. FISHER
JOSEPH COVELLO
LEONARD B. AUSTIN, JJ.
|
2009-06995 In the Matter of Peter Anekwe, petitioner, v Robert Ercole, etc., respondent.
(Index No. 09-1301)
| 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, Dutchess County, dated July 29, 2009, as a poor person.
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 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 to waive payment of the filing fee is denied as unnecessary as no filing fee is payable proceeding pursuant to CPLR article 78 that was transferred to this court by an order of the Supreme Court.
RIVERA, J.P., FISHER, COVELLO and AUSTIN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court