Opinion
Motion No: 2010-01649 Index No. 9579/09 M126688
09-30-2011
In the Matter of Devendra Singh, petitioner, v. Norman R. Bezio, etc., respondent.
, J.P.
ANITA R. FLORIO
LEONARD B. AUSTIN
SANDRA L. SGROI, JJ.
DECISION & ORDER ON MOTION
Motion by the petitioner to recall and vacate so much of a decision and order on motion of this Court, entitled "In the Matter of the Dismissal of Causes for Failure to Perfect - November 2010 Calendar," dated December 1, 2010, as dismissed a proceeding pursuant to CPLR article 78, which was transferred to this Court by order of the Supreme Court, Westchester County, entered February 9, 2010, pursuant to 22 NYCRR 670.8(e) for failure to timely perfect, to reinstate the proceeding, to enlarge the time to perfect the proceeding, and for poor person relief.
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 branches of the motion which are to recall and vacate so much of the decision and order on motion dated December 1, 2010, as dismissed the proceeding, to reinstate the proceeding, to enlarge the time to perfect the proceeding, and for leave to prosecute the proceeding on the original papers are granted, and so much of the decision and order on motion of this Court dated December 1, 2010, as dismissed the instant proceeding is recalled and vacated; and it is further,
ORDERED that the proceeding will be heard on the original papers (including the transcript of the proceedings, if any) and on the briefs of the parties, who are directed to file nine copies of their respective briefs and to serve one copy on each other; and it is further,
ORDERED that the petitioner's time to serve and file a brief is enlarged until November 29, 2011, and the petitioner's brief must be served and filed on or before that date; 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 motion is otherwise denied.
RIVERA, J.P., FLORIO, AUSTIN and SGROI, JJ., concur.
ENTER:
Matthew G. Kiernan
Clerk of the Court