| IN THE MATTER OF MICHAEL KINNIE, LICENSEE FOR COMEDY PLAYHOUSE, LLC V NEW YORK STATE LIQUOR AUTHORITY |
| Motion No: TP 08-01957 |
| Slip Opinion No: 2008 NYSlipOp 92881(U) |
| Decided on December 23, 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 08-01957
| IN THE MATTER OF MICHAEL KINNIE, LICENSEE FOR COMEDY PLAYHOUSE, LLC,
PETITIONER, V NEW YORK STATE LIQUOR AUTHORITY, RESPONDENT. |
Petitioner having moved to vacate the dismissal of 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 Jefferson on September 18, 2008,
Now, upon reading and filing the affidavit of Andrew R. Kinnie sworn to November 28, 2008, the notice of motion with proof of service thereof, the opposing affirmation of Mark D. Frering dated December 5,2008, and due deliberation having been had thereon,
It is hereby ORDERED that the motion be, and the same hereby is, granted, on the condition that petitioner file and serve its brief on or before January 22, 2009, and
It is further ORDERED that respondent's brief shall be filed and served on or before February 26, 2009, and the proceeding is added to the calendar for the term of this Court commencing May 11, 2009.
Entered: December 23, 2008
JoAnn M. Wahl, Clerk