Matter of Bilotto v New York State Department of Motor Vehicles
Motion No: 2016-09469
Slip Opinion No: 2017 NY Slip Op 68434(U)
Decided on March 24, 2017
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

M228145

E/sl

MARK C. DILLON, J.P.

JOHN M. LEVENTHAL

JEFFREY A. COHEN

ROBERT J. MILLER, JJ.

2016-09469

In the Matter of Gregory Bilotto, petitioner,

v New York State Department of Motor

Vehicles, respondent.

(Index No. 1060/16)

DECISION & ORDER ON MOTION

Motion by the petitioner pro se for leave to prosecute a proceeding pursuant to CPLR article 78, which was transferred to this Court by an order of the Supreme Court, Westchester County, dated May 16, 2016, as a poor person, for the assignment of counsel, 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, the time to perfect the proceeding is enlarged until May 8, 2017, and the record or appendix and the petitioner's brief shall be served and filed on or before that date; and it is further,

ORDERED that the motion is otherwise denied.

DILLON, J.P., LEVENTHAL, COHEN and MILLER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court