Matter of Salvatierra v Weeden
Motion No: 2009-08046
Slip Opinion No: 2009 NY Slip Op 87610(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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M93704

E/sl

REINALDO E. RIVERA, J.P.

STEVEN W. FISHER

JOSEPH COVELLO

LEONARD B. AUSTIN, JJ.

2009-08046

In the Matter of Richard Salvatierra, petitioner,

v Captain Weeden, etc., respondent.

(Index No. 08-12241)

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, Orange County, dated July 2, 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