Matter of Cipry Automotive, Inc. v New York State Depart
Motion No: 2009-01427
Slip Opinion No: 2009 NYSlipOp 68165(U)
Decided on March 31, 2009
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

M84435

E/cb

A. GAIL PRUDENTI, P.J.

FRED T. SANTUCCI

ANITA R. FLORIO

ARIEL E. BELEN, JJ.

2009-01427

In the Matter of Cipry Automotive, Inc., et al.,

petitioners, v New York State Department of

Motor Vehicles, et al., respondents.

(Index No. 3833-05)

DECISION & ORDER ON MOTION

Proceeding pursuant to CPLR article 78 which was transferred to this court by order of the Supreme Court, Suffolk County, dated May 17, 2006. By order to show cause dated February 23, 2009, the parties or their attorneys were directed to show cause before this court why an order should or should not be made and entered dismissing the above-entitled proceeding for failure to timely perfect (see 22 NYCRR 670.8[e]).

Now, on the court's own motion, and the papers filed in response to the order to show cause, it is

ORDERED that the motion to dismiss the appeal is denied; and it is further,

ORDERED that the petitioners' time to perfect the proceeding is enlarged until May 14, 2009, and the petitioners' record or appendix and brief must be served and filed on or before that date.

PRUDENTI, P.J., SANTUCCI, FLORIO and BELEN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court