Matter of Arken v New York City Department of Finance
Motion No: 2013-08076
Slip Opinion No: 2013 NY Slip Op 87438(U)
Decided on October 7, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M163292

E/sl

PETER B. SKELOS, J.P.

THOMAS A. DICKERSON

L. PRISCILLA HALL

ROBERT J. MILLER, JJ.

2013-08076

In the Matter of Donald Arken, petitioner,

v New York City Department of Finance,

respondent.

(Index No. 23955/12)

DECISION & ORDER ON MOTION

Motion by the petitioner for leave to prosecute a proceeding pursuant to CPLR article 78, which was transferred to this court by an order of the Supreme Court, Queens County, dated July 3, 2013 as a poor person.

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 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.

SKELOS, J.P., DICKERSON, HALL and MILLER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court