Appellate Division: Second Judicial Department

M281377

AFA/

MARK C. DILLON, J.P.

COLLEEN D. DUFFY

VALERIE BRATHWAITE NELSON

LINDA CHRISTOPHER, JJ.

2021-06833 In the Matter of James Kirk, petitioner, v Michael Capri, respondent. (Index No. 286/2020)

DECISION & ORDER ON MOTION

Proceeding pursuant to CPLR article 78 which was transferred to this Court by an order of the Supreme Court, Westchester County, dated September 3, 2021. Motion by the petitioner pro se for leave to prosecute the proceeding as a poor person and, in effect, for the assignment of counsel.

Upon the papers filed in support of the motion and no papers filed in opposition or in relation thereto, it is

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 for leave to prosecute the appeal on the original papers denied as unnecessary (22 NYCRR 1250.5[e]), and the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the briefs of the parties, who are directed to upload, through the digital portal on this Court's website, digital copies of their respective briefs, with proof of service of one hard copy on each other, or, if self-represented and unable to upload a digital copy, to file one original copy with the Clerk of this Court, with proof of service of one hard copy on each other (22 NYCRR 670.9[a], 1250.5[e], 1250.9[e]); and it is further,

ORDERED that the branch of the motion which is, in effect, for the assignment of counsel and for free transcripts is denied.

DILLON, J.P., DUFFY, BRATHWAITE NELSON and CHRISTOPHER, JJ., concur.

ENTER:

Maria T. Fasulo

Clerk of the Court