Appellate Division: Second Judicial Department

M238980

E/ct

RUTH C. BALKIN, J.P.

JOSEPH J. MALTESE

BETSY BARROS

FRANCESCA E. CONNOLLY, JJ.

2015-12697 In the Matter of Denise Boyd, petitioner, v Theresa Girolamo, etc., respondent. (Index No. 1647/15)

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, Putnam County, dated November 17, 2015, and, inter alia, for poor person relief.

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 enlarge the time to perfect the proceeding is granted, and the petitioner'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 November 6, 2017; and it is further,

ORDERED that the branch of the motion which is for poor person relief is denied as unnecessary with respect to payment of the filing fee, 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 denied as unnecessary with respect to leave to proceed on the original papers, as that relief was granted by decision and order on motion of this Court dated June 30, 2016; and it is further,

ORDERED that the motion is otherwise denied.

BALKIN, J.P., MALTESE, BARROS and CONNOLLY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court