| Matter of George v New York Department of Motor Vehichle |
| Motion No: 2011-10788 |
| Slip Opinion No: 2012 NY Slip Op 61345(U) |
| Decided on January 17, 2012 |
| 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
M131696
E/sl
RUTH C. BALKIN, J.P.
JOHN M. LEVENTHAL
SHERI S. ROMAN
SANDRA L. SGROI, JJ.
|
2011-10788 In the Matter of Gregory George, petitioner, v New York State Department of Motor Vehicles, etc., respondent.
(Index No. 5977/11)
| 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 order of the Supreme Court, Kings County, dated July 8, 2011, as a poor person, including waiver of the filing fee, for the assignment of counsel, to enlarge the time to perfect the proceeding, for leave to file an addendum "to obtain proof of service by certified mail [with] return receipt," and to be provided with a copy of a certain police Internal Affairs Complaint. Separate motion by the petitioner pro se to be provided with a copy of the audio recording of his administrative hearing.
Upon the papers filed in support of the motions 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 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 branch of the motion which is to enlarge the time to perfect the proceeding is granted, and the petitioner's time to perfect the proceeding by causing the original papers constituting the record to be filed in the office of the Clerk of this court (see 22 NYCRR 670.9[d][2]) and by serving and filing his brief is enlarged until March 19, 2012; and it is further,
ORDERED that the motion is otherwise denied.
BALKIN, J.P., LEVENTHAL, ROMAN and SGROI, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court