Appellate Division: Second Judicial Department

M279067

AFA/

WILLIAM F. MASTRO, J.P.

PAUL WOOTEN

JOSEPH A. ZAYAS

DEBORAH A. DOWLING, JJ.

2021-01549 In the Matter of Stephen Estwick, petitioner, v Anthony Annucci, etc., respondent. (Index No. 1136/2020)

DECISION & ORDER ON MOTION

Proceeding pursuant to CPLR article 78 which was transferred to this Court by an order of the Supreme Court, Dutchess County, dated February 10, 2021. Motion by the petitioner pro se for leave to prosecute the proceeding as a poor person 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 proceeding on the original papers is denied as unnecessary (see 22 NYCRR 1250.5[e][4]); 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, the time to perfect the proceeding is extended, and the petitioner's time to perfect the proceeding by causing the original papers constituting the record to be filed in the office of the Clerk of this Court (see 22 NYCRR 1250.9[a][5]), and by serving the petitioner's brief and filing one copy of the petitioner's brief in the office of the Clerk of the Court by regular mail is extended until November 10, 2021; and it is further,

ORDERED that the motion is otherwise denied.

MASTRO, J.P., WOOTEN, ZAYAS and DOWLING, JJ., concur.

ENTER:

Maria T. Fasulo

Acting Clerk of the Court