Appellate Division: Second Judicial Department

M270036

kbp/

MARK C. DILLON, J.P.

RUTH C. BALKIN

LEONARD B. AUSTIN

COLLEEN D. DUFFY, JJ.

2019-05630 In the Matter of Mark Edwards, petitioner, v Eric Gutwein, etc., et al., respondents. (Index No. 1952/18)

DECISION & ORDER ON MOTION

Motion by the petitioner pro se for poor person relief in a proceeding pursuant to CPLR article 78, which was transferred to this Court by an order of the Supreme Court, Dutchess County, dated May 14, 2019.

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 denied as unnecessary (see 22 NYCRR 1250.5[e][4]), 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]); 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 motion is otherwise denied; and it is further,

ORDERED that on the Court's own motion, the petitioner'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 May 4, 2020.

DILLON, J.P., BALKIN, AUSTIN and DUFFY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court