Appellate Division: Second Judicial Department

M294405

AFA/

VALERIE BRATHWAITE NELSON, J.P.

LINDA CHRISTOPHER

LARA J. GENOVESI

LOURDES M. VENTURA, JJ.

2023-09397 In the Matter of Tyre Davis, petitioner, v A. Rodriguez, etc., respondent. (Index No. 517/2023)

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 August 7, 2023. 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 proceeding on the original papers is denied as unnecessary (22 NYCRR 1250.5[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 the assignment of counsel and for free transcripts are denied; and it is further;

ORDERED that on the Court's own motion, 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 on appeal to be filed in the office of the Clerk of this Court (see 22 NYCRR 1250.9[a][5]), and by serving and filing the petitioner's brief via NYSCEF, if applicable, or, if NYSCEF is not mandated, by serving the petitioner's brief, and uploading digital copy of the petitioner's brief, with proof of service thereof, through the digital portal on this Court's website, is extended until April 26, 2024.

BRATHWAITE NELSON, J.P., CHRISTOPHER, GENOVESI and VENTURA, JJ., concur.

ENTER:

Darrell M. Joseph

Acting Clerk of the Court