| Matter of Griffen v Venettozzi |
| Motion No: 2019-10840 |
| Slip Opinion No: 2020 NY Slip Op 66605(U) |
| Decided on May 28, 2020 |
| 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
M271050
kbp/
RUTH C. BALKIN, J.P.
SYLVIA O. HINDS-RADIX
COLLEEN D. DUFFY
VALERIE BRATHWAITE NELSON, JJ.
|
2019-10840 In the Matter of Brandon A. Griffen, petitioner, v Donald Venettozzi, respondent. (Index No. 390/19)
| 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 September 5, 2019, 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 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 branch of the motion which is to extend the time to perfect the proceeding is granted, and on or before August 26, 2020, the petitioner shall cause 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]), serve the petitioner's brief, and upload a digital copy of the petitioner's brief, with proof of service thereof, through the digital portal on this Court's website, and file an original and five hard copies of the petitioner's brief in accordance with any applicable administrative order or other order to be issued by the Court.
BALKIN, J.P., HINDS-RADIX, DUFFY and BRATHWAITE NELSON, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court