Matter of Confetti, Inc. v New York State Liquor Authority
Motion No: 2007-04476
Slip Opinion No: 2007 NYSlipOp 69764(U)
Decided on May 18, 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

M54872

T/sl

A. GAIL PRUDENTI, P.J.

FRED T. SANTUCCI

JOSEPH COVELLO

EDWARD D. CARNI, JJ.

2007-04476

In the Matter of Confetti, Inc., etc., petitioner,

v New York State Liquor Authority, respondent.

(Index No. 07-8270)

DECISION & ORDER ON MOTION

Motion by the petitioner in a proceeding pursuant to CPLR article 78 to review a revocation order of the respondent dated April 26, 2007, which was transferred to this court by an order of the Supreme Court, Westchester County, entered May 7, 2007, to stay enforcement of the revocation order pending hearing and determination of the proceeding, for a preference in the calendaring of the proceeding, and for leave to perfect the proceeding on the original papers.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the branch of the motion which is to stay enforcement of the revocation order pending hearing and determination of the proceeding is granted to the extent that enforcement of the revocation order is stayed until June 6, 2007, and that branch of the motion is otherwise denied; and it is further,

ORDERED that the branch of the motion which is for leave to perfect 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 for a preference in the calendaring of the proceeding is granted, and the petitioner shall perfect the proceeding by causing the original papers constituting the record on the proceeding to be filed in the office of the Clerk of this court (see 22 NYCRR 670.9[d][2]) and by serving and filing its brief on the proceeding on or before May 25, 2007; the respondent shall serve and file its brief on or before June 6, 2007; and the reply brief, if any, shall be served and filed on or before June 13, 2007; and it is further,

ORDERED that the proceeding will be calendared expeditiously.

PRUDENTI, P.J., SANTUCCI, COVELLO and CARNI, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court