Matter of Miller v New York City Housing Authority
Motion No: 2010-04353
Slip Opinion No: 2010 NY Slip Op 90948(U)
Decided on December 15, 2010
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

M112691

E/sl

WILLIAM F. MASTRO, J.P.

FRED T. SANTUCCI

DANIEL D. ANGIOLILLO

CHERYL E. CHAMBERS, JJ.

2010-04353

In the Matter of Terrance Miller, petitioner,

v New York City Housing Authority, etc.,

respondent.

(Index No. 17080/09)

DECISION & ORDER ON MOTION

Motion by the petitioner to enlarge the time to perfect a proceeding pursuant to CPLR article 78, which was transferred to this Court by an order of the Supreme Court, Kings County, dated November 13, 2009. Cross motion by the respondent to dismiss the proceeding for failure to timely perfect.

Upon the papers filed in support of the motion and the cross motion, the papers filed in opposition to the petitioner's motion, and no papers having been filed in opposition or in relation to the respondent's cross motion, it is

ORDERED that the motion is denied; and it is further,

ORDERED that the cross motion is granted and the proceeding is dismissed, without costs or disbursements.

MASTRO, J.P., SANTUCCI, ANGIOLILLO and CHAMBERS, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court