Appellate Division: Second Judicial Department

M275750

AFA/

REINALDO E. RIVERA, J.P.

CHERYL E. CHAMBERS

SYLVIA O. HINDS-RADIX

COLLEEN D. DUFFY, JJ.

2020-09005 In the Matter of Eric Montgomery, petitioner, v Mark Royce, etc., respondent. (Index No. 456/2020)

DECISION & ORDER ON MOTION

Proceeding pursuant to CPLR article 78 which was transferred to this Court by order of the Supreme Court, Dutchess County, dated November 23, 2020. Motion by the petitioner pro se for leave to prosecute the proceeding as a poor person and for the assignment of counsel.

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 branches of the motion which are for free transcripts and for the assignment of counsel are denied.

RIVERA, J.P., CHAMBERS, HINDS-RADIX and DUFFY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court