Appellate Division: Second Judicial Department

M106025

E/ct

MARK C. DILLON, J.P.

ANITA R. FLORIO

HOWARD MILLER

ARIEL E. BELEN, JJ.

2010-01692 In the Matter of Sylvia Batten-Smith, petitioner, v New York City Housing Authority, respondent. (Index No. 14893/09)

DECISION & ORDER ON MOTION

Motion by the petitioner for leave to prosecute a proceeding pursuant to CPLR article 78 which was transferred to this court by order of the Supreme Court, Kings County, dated December 1, 2009, on the original papers, for poor person relief, and to "vacate [the] administrative hearing decision and order."

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 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; and it is further,

ORDERED that the branch of the motion which is for free transcripts is denied; and it is further,

ORDERED that the branch of the motion which is to "vacate [the] administrative hearing decision and order" is denied; and it is further,

ORDERED that the time to perfect the proceeding is enlarged, and the brief submitted to the Clerk of the court is accepted for filing; and it is further,

ORDERED that the respondent's time to serve and file a brief is enlarged until August 25, 2010, and the respondent's brief must be served and filed on or before that date.

DILLON, J.P., FLORIO, MILLER and BELEN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court