Opinion
Motion No: 2011-07974 Index No. 10-388 M133928
02-28-2012
In the Matter of Ricardo Topsy, petitioner, v. D. Venettozzi, etc., et al., respondents.
, J.P.
ARIEL E. BELEN
PLUMMER E. LOTT
ROBERT J. MILLER, 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, Westchester County, entered March 22, 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 on the Court's own motion, the petitioner's time to perfect the proceeding is enlarged, the briefs submitted to the Clerk of the Court are accepted for filing, and the Clerk of the Court, or her designee, shall subpoena the court file constituting the record in this proceeding from the Supreme Court, Westchester County.
SKELOS, J.P., BELEN, LOTT and MILLER, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court