Appellate Division: Second Judicial Department

M141946

E/sl

RUTH C. BALKIN, J.P.

ARIEL E. BELEN

CHERYL E. CHAMBERS

L. PRISCILLA HALL, JJ.

2012-01538 In the Matter of Harold Marshall, petitioner, v Brian Fisher, etc., respondent. (Index No. 6260/11)

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, Dutchess County, dated February 10, 2012, as a poor person and for the assignment of counsel.

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 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 order of the Supreme Court; and it is further,

ORDERED that the branches of the motion which are for free transcripts and the assignment of counsel are denied; and it is further,

ORDERED that on the Court's own motion, the time to perfect the proceeding is enlarged and the petitioner's brief which was submitted to the Clerk of the Court is accepted for filing; and it is further,

ORDERED that on the Court's own motion, the respondent's time to serve and file a brief is enlarged until September 10, 2012, and the respondent's brief must be served and filed on or before that date.

BALKIN, J.P., BELEN, CHAMBERS and HALL, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court