Appellate Division: Second Judicial Department

M134308

E/nl

REINALDO E. RIVERA, J.P.

MARK C. DILLON

DANIEL D. ANGIOLILLO

JOHN M. LEVENTHAL, JJ.

2011-04508 In the Matter of Caesar Stapleton, petitioner, v William J. Connolly, etc., respondent. (Index No. 8684/10)

DECISION & ORDER ON MOTION

Motion by the petitioner in a proceeding pursuant to CPLR article 78 which was transferred to this Court by order of the Supreme Court, Dutchess County, dated April 28, 2011, in effect, for leave to prosecute the proceeding on the original papers and to enlarge the time to perfect the proceeding.

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 motion is granted; and it is further,

ORDERED that 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 petitioner's time to perfect the proceeding is enlarged and the briefs submitted to the Clerk of the Court are accepted for filing; and it is further,

ORDERED that on the Court's own mottion, the respondent's time to serve and file a brief is enlarged until April 5, 2012, and the respondent's brief must be served and filed on or before that date.

RIVERA, J.P., DILLON, ANGIOLILLO and LEVENTHAL, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court