In the Matter of the Application of Oswald Sealy

Motion No: M-5306

Slip Opinion No: 2017 NYSlipOp 95133(U)

Decided on December 12, 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.

December 12, 2017

In the Matter of the Application of

Oswald Sealy,

Petitioner,

For a Judgment Pursuant to Article 78

of the Civil Practice Law and Rules v

New York City Housing Authority,

Respondent.

An Article 78 proceeding to review a determination of respondent having been transferred to this Court, pursuant to CPLR 7804(g), by order of the Supreme Court, New York County, entered on or about November 17, 2016, And respondent having moved to dismiss the aforesaid proceeding for failure to timely perfect (M-4931),And petitioner having cross-moved for leave to prosecute the aforesaid proceeding, as a poor person, and for leave to have the proceeding heard on the original record and upon a reproduced appellant's brief, and for other relief (M-5306), Now, upon reading and filing the papers with respect to said motion and cross motion, and due deliberation having been had thereon,It is ordered that the motion to dismiss the appeal is granted unless the proceeding is perfected for the April 2018 Term (M-4931). The cross-motion for leave to prosecute, as a poor person, the aforesaid proceeding is granted to the extent of permitting the proceeding to be heard on the original record and upon a reproduced appellant's brief, on condition that appellant serve one copy of such brief upon the attorney for respondent and

files 8 copies of such brief, together with the original record, pursuant to Rule 600.11 of the Rules of this Court. Appellant is permitted to dispense with payment of the required fee for the subpoena and filing of the record. The Clerk of Supreme Court, New York County, is directed to have transcribed the minutes of the proceedings held therein, if any, for inclusion in the record on appeal, with a copy to appellant's counsel, the cost thereof to be charged against the City of New York from funds available therefor and any other fees in connection therewith. The time to perfect the proceeding is enlarged to the April 2018 Term (M-5306). ENTERED: December 12, 2017

_____________________ CLERK

PRESENT: Hon. David Friedman, Justice Presiding, Barbara R. Kapnick Troy K. Webber Ellen Gesmer Jeffrey K. Oing, Justices

M-5306

M-4931

Index No. 100873/16