Opinion
Motion No: #512136
10-03-2011
In the Matter of ANGEL DIAZ, Petitioner, v. TAX APPEALS TRIBUNAL OF THE STATE OF NEW YORK et al., Respondents.
DECISION AND ORDER ON MOTION
Motion for permission to proceed as a poor person.
Motion to vacate order of this Court dated July 28, 2011.
Upon the papers filed in support of the motions and the papers filed in opposition to the motion to vacate, it is
ORDERED that the motion to vacate is granted, without costs, and the proceeding is dismissed unless petitioner serves the notice of petition and petition on respondents and the attorney general in accordance with CPLR 307, 312-a, 403 (c); 7804 (c) and Tax Law § 2016 on or before 30 days from the date of this decision and order, in which event the motion to dismiss is denied. The time to file and serve the answer is extended to November 2, 2011, and it is further
ORDERED that the motion for permission to proceed as a poor person is granted, without costs, to the extent that the proceeding may be perfected upon one copy of a record on review and one signed original and six typewritten copies of a brief and appendix or seven copies of a record on review and one signed original and six typewritten copies of a brief, and the filing fees required by CPLR 8022 are waived.
MERCURE, J.P., ROSE, MALONE JR., STEIN and GARRY, JJ., concur.
ENTER:
Robert D. Mayberger
Clerk of the Court