Appellate Division: Second Judicial Department

M277268

AFA/

WILLIAM F. MASTRO, J.P.

LEONARD B. AUSTIN

SYLVIA O. HINDS-RADIX

FRANCESCA E. CONNOLLY, JJ.

2020-02497 In the Matter of Vincenia Lee Hart, petitioner, v New York City Housing Authority, respondent. (Index No. 2558/2019)

DECISION & ORDER ON MOTION

Proceeding pursuant to CPLR article 78 which was transferred to this Court by an order of the Supreme Court, Kings County, dated January 23, 2020. Motion by the petitioner, inter alia, pursuant to 22 NYCRR 1250.10(c) to vacate the dismissal of the proceeding, to extend the time to perfect the proceeding, and for poor person relief.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the branches of the motion which are to vacate the dismissal of the proceeding, to extend the time to perfect the proceeding, and for leave to prosecute the proceeding on the original papers are granted, the dismissal of the proceeding pursuant to 22 NYCRR 1250.10(a) is vacated, the petitioner's time to perfect the proceeding by causing the original papers constituting the record on the proceeding to be filed in the office of the Clerk of this Court (see 22 NYCRR 1250.9[a][5]), 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 to June 28, 2021, 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 the branch of the motion which is to waive payment of the filing fee is denied as unnecessary; and it is further,

ORDERED that the motion is otherwise denied.

MASTRO, J.P., AUSTIN, HINDS-RADIX and CONNOLLY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court