Appellate Division: Second Judicial Department

M259298

E/sl

JOHN M. LEVENTHAL, J.P.

SHERI S. ROMAN

JOSEPH J. MALTESE

ANGELA G. IANNACCI, JJ.

2018-05834 In the Matter of Reginald Cox, petitioner/appellant, v Anthony J. Annucci, etc., respondent/respondent. (Index No. 2660/17)

DECISION & ORDER ON MOTION

Motion by the petitioner/appellant pro se for leave to prosecute an appeal from an order of the Supreme Court, Dutchess County, dated May 8, 2018, and a proceeding pursuant to CPLR article 78, which was transferred to this Court by the order dated May 8, 2018, 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 an original and five duplicate hard copies, and, if represented by counsel, one digital copy, of their respective briefs, and to serve one hard copy on each other (22 NYCRR 1250.9[a][4],[c][1],[d],[e]); additionally, the petitioner/appellant is directed to file proof of service of a subpoena upon the clerk of the court of original instance requiring all documents constituting the record to be filed with the Clerk of this Court (22 NYCRR 1250.9[a][4][i]); and it is further,

ORDERED that the branch of the motion which is to waive payment of the filing fee is denied as unnecessary with respect to the proceeding pursuant to CPLR article 78 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 is denied with respect to the appeal; 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 petitioner/appellant's 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 1250.5[e], 1250.9[a][4]), and by serving and filing a brief is extended until March 25, 2019.

LEVENTHAL, J.P., ROMAN, MALTESE and IANNACCI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court