Appellate Division: Second Judicial Department

M265575

kbp/

WILLIAM F. MASTRO, J.P.

JOHN M. LEVENTHAL

JEFFREY A. COHEN

FRANCESCA E. CONNOLLY, JJ.

2019-02453 In the Matter of Frans Sital, petitioner, v Jamie Lamanna, etc., respondent. (Index No. 1900/18)

DECISION & ORDER ON MOTION

Motion by the petitioner pro se for leave to prosecute an appeal in a proceeding pursuant to CPLR article 78 which was transferred to this Court by order of the Supreme Court, Dutchess County, dated March 7, 2019, as a poor person.

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 branch of the motion which is for free transcripts is denied; and it is further,

ORDERED that on the Court's own motion, the time to perfect the appeal by causing the original papers constituting the record on the appeal to be filed in the office of the Clerk of this Court (see NYCRR 1250.5[e]), and by serving and filing a brief on the appeal is extended until October 29, 2019.

MASTRO, J.P., LEVENTHAL, COHEN and CONNOLLY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court