Matter of Reid v New York City Housing Authority
Motion No: 2019-07423
Slip Opinion No: 2020 NY Slip Op 70965(U)
Decided on September 2, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M272744

E/sl

MARK C. DILLON, J.P.

JEFFREY A. COHEN

COLLEEN D. DUFFY

HECTOR D. LASALLE, JJ.

2019-07423

In the Matter of Eunice Reid, petitioner,

v New York City Housing Authority, respondent.

(Index No. 502825/2018)

DECISION & ORDER ON MOTION

Proceeding pursuant to CPLR article 78, transferred to this Court by order of the Supreme Court, Kings County, dated December 18, 2018, which was deemed dismissed pursuant to 22 NYCRR 1250.10(a). Motion by the petitioner, in effect, to vacate the dismissal of the proceeding, to extend the time to perfect the proceeding, and to waive the filing fee.

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 branches of the motion which are, in effect, to vacate the dismissal of the proceeding and to extend the time to perfect the proceeding are granted, the dismissal of the proceeding pursuant to 22 NYCRR 1250.10(a) is vacated, the petitioner's time to perfect the appeal 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]), serving the petitioner's brief, and uploading a digital copy of the petitioner's brief, with proof of service thereof, through the digital portal on this Court's website, is extended until November 2, 2020, and the petitioner shall 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; and it is further,

ORDERED that no further extension of time shall be granted; 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.

DILLON, J.P., COHEN, DUFFY and LASALLE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court