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Estwick v. Annucci

Supreme Court of New York, Appellate Division, Second Department
Sep 10, 2021
No. 2021-01549 (N.Y. App. Div. Sep. 10, 2021)

Opinion

2021-01549 Index 1136/2020

09-10-2021

In the Matter of Stephen Estwick, petitioner, v. Anthony Annucci, etc., respondent.


WILLIAM F. MASTRO, J.P. PAUL WOOTEN JOSEPH A. ZAYAS DEBORAH A. DOWLING, JJ.

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, JP, WOOTEN, ZAYAS and DOWLING, JJ, concur


Summaries of

Estwick v. Annucci

Supreme Court of New York, Appellate Division, Second Department
Sep 10, 2021
No. 2021-01549 (N.Y. App. Div. Sep. 10, 2021)
Case details for

Estwick v. Annucci

Case Details

Full title:In the Matter of Stephen Estwick, petitioner, v. Anthony Annucci, etc.…

Court:Supreme Court of New York, Appellate Division, Second Department

Date published: Sep 10, 2021

Citations

No. 2021-01549 (N.Y. App. Div. Sep. 10, 2021)