| Matter of Campbell v Lorde-Gray |
| Motion No: 2018-10902 |
| Slip Opinion No: 2019 NY Slip Op 69263(U) |
| Decided on May 1, 2019 |
| 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. |
Appellate Division: Second Judicial Department
M262392
E/afa
WILLIAM F. MASTRO, J.P.
ROBERT J. MILLER
BETSY BARROS
LINDA CHRISTOPHER, JJ.
|
2018-10902 In the Matter of Rohan Campbell, petitioner, v J. Lorde-Gray, etc., et al., respondents.
(Index No. 952/18)
| 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, Dutchess County, dated September 11, 2018, as a poor person, for the assignment of counsel, and to extend 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 for leave to prosecute the proceeding on the original papers is denied as unnecessary (see 22 NYCRR 1250.5[e][4]), and the proceeding 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 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]); 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 the branch of the motion which is to extend the time to perfect the proceeding is granted and the petitioner's brief submitted to the Clerk of the Court is accepted for filing and deemed timely served; and it is further,
ORDERED that on the Court's own motion, the respondents' time to serve and file a brief is extended until June 5, 2019, and the respondents' brief shall be served and filed on or before that date.
MASTRO, J.P., MILLER, BARROS and CHRISTOPHER, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court