Appellate Division: Second Judicial Department

M108062

E/sl

WILLIAM F. MASTRO, J.P.

MARK C. DILLON

RUTH C. BALKIN

RANDALL T. ENG, JJ.

2010-00794 In the Matter of Eric Benson, petitioner, v Dawson Brown, etc., respondent. (Index No. 09-9587)

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, Westchester County, entered January 14, 2010, as a poor person, and for leave to perfect the proceeding on the petition in lieu of filing a brief and deem the prior service of the petition on the respondent to be sufficient.

Upon the papers filed in support of the motion and the papers filed 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 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 branches of the motion which are for free transcripts and for leave to perfect the proceeding on the petition in lieu of filing a brief and deem the prior service of the petition on the respondent to be sufficient are denied, and it is further,

ORDERED that on the court's own motion, the petitioner's time to serve and file a brief is enlarged until November 8, 2010, and the petitioner's brief must be served and filed on or before that date.

MASTRO, J.P., DILLON, BALKIN and ENG, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court