| Matter of Ruiz v Department of Correctional Services |
| Motion No: 2012-05707 |
| Slip Opinion No: 2013 NY Slip Op 73795(U) |
| Decided on May 15, 2013 |
| 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
M156341
E/sl
PETER B. SKELOS, J.P.
DANIEL D. ANGIOLILLO
SHERI S. ROMAN
SYLVIA HINDS-RADIX, JJ.
|
2012-05707 In the Matter of Ramon Ruiz, petitioner, v Department of Correctional Services, etc., et al., respondents.
(Index No. 8056/11)
| DECISION & ORDER ON MOTION |
Motion by the petitioner pro se to waive payment of the filing fee in a proceeding pursuant to CPLR article 78, which was transferred to this Court by order of the Supreme Court, Dutchess County, dated June 15, 2012, 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 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 brief which was submitted to the Clerk of the Court is accepted for filing and deemed timely served; and it is further,
ORDERED that on the Court's own motion, the respondents' time to serve and file a brief is enlarged until June 19, 2013, and the respondents' brief, if any, must be served and filed on or before that date.
SKELOS, J.P., ANGIOLILLO, ROMAN and HINDS-RADIX, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court