IN THE MATTER OF KYLE P. MCDONELL V NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES, ADMINISTRATIVE APPEALS BOARD AND DAVID
Motion No: TP 10-00878
Slip Opinion No: 2010 NY Slip Op 77533(U)
Decided on July 19, 2010
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.


July 19, 2010

PRESENT: MARTOCHE, J.P, CARNI, GREEN, PINE, AND GORSKI, JJ.

DOCKET NO. TP 10-00878

IN THE MATTER OF KYLE P. MCDONELL, PETITIONER,

V

NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES, ADMINISTRATIVE

APPEALS BOARD AND DAVID J. SWARTS, COMMISSIONER, NEW YORK

STATE DEPARTMENT OF MOTOR VEHICLES, RESPONDENTS.


Respondents having moved for an extension of time to file and serve a brief on the proceeding pursuant to CPLR article 78 transferred to this Court by order of the Supreme Court, Monroe County, dated April 15, 2010,

Now, upon reading and filing the affirmation of Paul Groenwegen, Esq. dated June 10, 2010, the notice of motion with proof of service thereof, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is granted on condition that the brief is filed and served on or before August 9, 2010, and the Clerk is directed to accept the brief for filing.

Entered: July 19, 2010

Patricia L. Morgan, Clerk