| IN THE MATTER OF HARPER'S AUTO SERVICE, INC. AND LOUIS SUTTLES V NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES |
| Motion No: TP 08-01172 |
| Slip Opinion No: 2008 NYSlipOp 79506(U) |
| Decided on August 4, 2008 |
| Appellate Division, Fourth 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. |
PRESENT: SCUDDER, P.J., HURLBUTT, MARTOCHE, SMITH, AND CENTRA, JJ.
DOCKET NO. TP 08-01172
| IN THE MATTER OF HARPER'S AUTO SERVICE, INC. AND LOUIS SUTTLES,
PETITIONERS, V NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES, RESPONDENT. |
Petitioners having moved to vacate dismissal and for an extension of time to file and serve a brief on the CPLR article 78 proceeding transferred to this Court by an order of the Supreme Court entered in the Office of the Clerk of the County of Erie on May 20, 2008,
Now, upon reading and filing the affidavit of Justin S. White sworn to July 23, 2008, the notice of motion with proof of service thereof, the opposing affirmation of Kathleen M. Arnold dated July 29, 2008, and due deliberation having been had thereon,
It is hereby ORDERED that the motion be, and the same hereby is, granted on condition that the brief is filed and served on or before September 3, 2008, and the Clerk is directed to accept the brief for filing, and
It is further ORDERED that respondents briefs shall be filed and served on or before October 15, 2008.
Entered: August 4, 2008
JoAnn M. Wahl, Clerk