Matter of Lockley v Housing Preservation & Development of
Motion No: 2014-00511
Slip Opinion No: 2014 NY Slip Op 69860(U)
Decided on April 18, 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

M172633

E/sl

MARK C. DILLON, J.P.

SANDRA L. SGROI

JOSEPH J. MALTESE

COLLEEN D. DUFFY, JJ.

2014-00511

In the Matter of Pamela Lockley, et al., pet

v Housing Preservation & Development

City, et al., respondents.

(Index No. 16432/12)

DECISION & ORDER ON MOTION

itioners,
of New York

Motion by the petitioner Pamela Lockley pro se to enlarge the petitioners' time to perfect a proceeding pursuant to CPLR article 78, which was transferred to this Court by an order of the Supreme Court, Kings County, dated July 30, 2013, for poor person relief, or, in the alternative, to direct the respondents to pay all associated fees and costs of the proceeding and to vacate a certain certificate of eviction.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the branch of the motion which is to grant Pamela Lockley 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 direct the respondents to pay the printing costs for reproducing the record is denied as academic; and it is further,

ORDERED that the branches of the motion which are to waive payment of the filing fee or to direct the respondents to pay 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 Pamela Lockley's time to perfect the proceeding is granted, Pamela Lockley's time to perfect the proceeding by causing the original papers constituting the record to be filed in the office of the Clerk of this Court (see 22 NYCRR 670.9[d][2]) and by serving and filing a brief is enlarged until June 16, 2014; and it is further,

ORDERED that the branch of the motion which is to enlarge the time of Lavonda Jones to perfect the proceeding is denied, as Pamela Lockley is not authorized to make a motion on behalf of Lavonda Jones (see CPLR 321[a]), without prejudice to Lavonda Jones seeking relief either pro se or through an attorney; and it is further.

ORDERED that the motion is otherwise denied.

DILLON, J.P., SGROI, MALTESE and DUFFY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court