Appellate Division: Second Judicial Department

M239586

E/afa

MARK C. DILLON, J.P.

SANDRA L. SGROI

SYLVIA O. HINDS-RADIX

ANGELA G. IANNACCI, JJ.

2017-05000 In the Matter of Jose Saldana, petitioner/ appellant, v Superintendent Thomas Griffin, et al., respondents/respondents. (Index No. 2603/16)

DECISION & ORDER ON MOTION

Motion by Jose Saldana pro se for leave to prosecute a proceeding pursuant to CPLR article 78, which was transferred to this Court by an order and judgment (one paper) of the Supreme Court, Dutchess County, dated March 31, 2017, and an appeal from the order and judgment dated March 31, 2017, as a poor person and for the assignment of counsel.

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 for leave to prosecute the matter on the original papers is granted, and the matter 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 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 branches of the motion which are for free transcripts and for the assignment of counsel are denied; and it is further,

ORDERED that on the Court's own motion, the time to perfect the matter 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 December 18, 2017.

DILLON, J.P., SGROI, HINDS-RADIX and IANNACCI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court