IN THE MATTER OF PATRICIA A. CUMMINGS V NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES
Motion No: TP 11-00735
Slip Opinion No: 2011 NY Slip Op 74370(U)
Decided on May 27, 2011
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.


May 27, 2011

PRESENT: SCUDDER, P.J., PERADOTTO, CARNI, GORSKI, AND MARTOCHE, JJ.

DOCKET NO. TP 11-00735

IN THE MATTER OF PATRICIA A. CUMMINGS, PETITIONER,

V

NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES, RESPONDENT.


Petitioner having moved to expedite this CPLR article 78 proceeding transferred to this Court by order of the Supreme Court entered in the Office of the Clerk of the County of Erie on March 30, 2010, and having moved for a stay of enforcement of the suspension of petitioner's driver's license,

Now, upon reading and filing the affirmation of Hilary C. Banker, Esq. dated May 13, 2011, the affidavit of Patricia A. Cummings sworn to May 13, 2011, the notice of motion with proof of service thereof, and the affirmation of Owen Demuth, Esq. dated May 19, 2011, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is denied.

Entered: May 27, 2011

Patricia L. Morgan, Clerk