In the Matter of the Application of Opher Henderson

Motion No: M-5629

Slip Opinion No: 2017 NYSlipOp 64516(U)

Decided on February 16, 2017

Appellate Division, First 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.

February 16, 2017

In the Matter of the Application of

Opher Henderson,

Petitioner,

For a Judgment Pursuant to Article 78 of the Civil Practice Law and Rules,

v

Vicki Been, as Commissioner of the

New York City Department of Housing

Preservation and Development, and

New York City Department of Housing

Preservation and Development,

Respondents.

An Article 78 proceeding having been transferred to this Court, pursuant to CPLR 7804(g), by order of the Supreme Court, New York County, entered on or about February 5, 2016, to review a determination of respondents, And, petitioner having moved for leave to prosecute the proceeding as a poor person, upon the original record and reproduced petitioner's brief, and for an enlargement of time to perfect said proceeding, Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon, It is ordered that the motion is granted to the extent

of permitting the proceeding to be heard on the original record and upon a reproduced petitioner's brief, on condition that petitioner serve one copy of such brief upon the attorney for

the respondents and file 8 copies of such brief, together with the original record, with this Court. Petitioner is permitted

to dispense with payment of the required fee for the subpoena

and filing of the record. The time to perfect the proceeding is enlarged to the June 2017 Term.Entered: February 16, 2017

_____________________ DEPUTY CLERK

Present: Hon. Peter Tom, Justice Presiding, David Friedman David B. Saxe Paul G. Feinman Marcy L. Kahn, Justices

M-5629

Index No. 101300/15