Matter of Albany Manor, Inc. v New York State Liquor Auth

Matter of Albany Manor, Inc. v New York State Liquor Auth

Motion No: 2006-06896

Slip Opinion No: 2007 NYSlipOp 69097(U)

Decided on May 8, 2007

Appellate Division, Second Department, Motion Decision

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This motion is uncorrected and is not subject to publication in the Official Reports.

Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M54327

E/sl

STEPHEN G. CRANE, J.P.

GLORIA GOLDSTEIN

JOSEPH COVELLO

THOMAS A. DICKERSON, JJ.

2006-06896
In the Matter of Albany Manor, Inc., petitioner,
v New York State Liquor Authority, respondent.
(Index No. 13636/06)

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 - March 2007 Calendar", dated April 2, 2007, as dismissed a proceeding pursuant to CPLR article 78 which was transferred to this court by order of the Supreme Court, Kings County, dated July 7, 2006, pursuant to 22 NYCRR 670.8(e) for failure to timely perfect the same, to reinstate the proceeding, to enlarge the time to perfect the proceeding, and to stay enforcement of a certain order of suspension dated April 18, 2007.

Upon the papers filed in support of the motion and the papers filed in opposition 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 of this court dated April 2, 2007, as dismissed the instant proceeding pursuant to 22 NYCRR 670.8(e) for failure to timely perfect the same, to reinstate the proceeding, and to enlarge the time to perfect the proceeding are granted; and it is further,

ORDERED that so much of the decision and order on motion of this court dated April 2, 2007, as dismissed the instant proceeding, is recalled and vacated; and it is further,

ORDERED that the petitioner's time to perfect the proceeding is enlarged until May 21, 2007, and the record on appeal and the petitioner's brief must be served and filed on or before that date; and it is further,

ORDERED that no further enlargements of time shall be granted; and it is further,

ORDERED that the branch of the motion which is to stay enforcement of the order of suspension dated April 18, 2007, is denied; and it is further,

ORDERED that the temporary restraining order granted by the order to show cause of this court dated April 26, 2007, is vacated.

CRANE, J.P., GOLDSTEIN, COVELLO and DICKERSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court