Opinion
Motion No: 2011-10942 Index No. 6548/10 M135424
03-29-2012
In the Matter of Richard Timmons, petitioner, v. New York State Department of Correctional Services, respondent.
, J.P.
ANITA R. FLORIO
RANDALL T. ENG
SHERI S. ROMAN, JJ.
DECISION & ORDER ON MOTION
Motion by the petitioner pro se for leave to prosecute a proceeding pursuant to CPLR article 78, which was transferred to this Court by order of the Supreme Court, Dutchess County, dated November 16, 2011, as a poor person.
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 granted, and 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 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 free transcripts is denied; and it is further,
ORDERED that on the Court's own motion, the petitioner's time serve and file his brief is enlarged until May 29, 2012.
SKELOS, J.P., FLORIO, ENG and ROMAN, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court