Matter of Mack v NYCHA Red Hook West Houses
Motion No: 2013-04593
Slip Opinion No: 2014 NY Slip Op 61000(U)
Decided on January 15, 2014
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

M165754

E/nl

PETER B. SKELOS, J.P.

RUTH C. BALKIN

JOHN M. LEVENTHAL

SYLVIA O. HINDS-RADIX, JJ.

2013-04593

In the Matter of Nathaniel Mack, petitioner,

v NYCHA Red Hook West Houses, respondent.

(Index No. 16125/12)

DECISION & ORDER ON MOTION

Motion by the petitioner to enlarge the time to perfect a proceeding pursuant to CPLR article 78 which was transferred to this Court by order of the Supreme Court, Kings County, dated March 20, 2013, and for leave to prosecute the proceeding on the original papers. Cross motion by the respondent pursuant to CPLR 3211(a)(1) to dismiss the proceeding on the ground that it is barred by documentary evidence and for failure to timely perfect. Application by the petitioner pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect the proceeding

Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is

ORDERED that motion and the application are granted, 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 the time to perfect the proceeding is enlarged until March 3, 2014; and it is further,

ORDERED that the cross motion is denied.

SKELOS, J.P., BALKIN, LEVENTHAL and HINDS-RADIX, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court