Matter of Smilow v New York State Department of Motor Ve
Motion No: 2011-04404
Slip Opinion No: 2011 NY Slip Op 91228(U)
Decided on November 30, 2011
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

M129441

E/sl

DANIEL D. ANGIOLILLO, J.P.

THOMAS A. DICKERSON

PLUMMER E. LOTT

ROBERT J. MILLER, JJ.

2011-04404

In the Matter of Mark D. Smilow, petitioner,

v New York State Department of Motor Vehicles,

et al., respondents.

(Index No. 28773/10)

DECISION & ORDER ON MOTION

Motion by the petitioner to enlarge the time to perfect a proceeding pursuant to CPLR article 78, which was transferred to this Court by an order of the Supreme Court, Kings County, dated March 17, 2011, and for leave to prosecute the proceeding on the original record.

Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the branch of the motion which is to enlarge the time to perfect the proceeding is granted, and the time to perfect the proceeding is enlarged until December 29, 2011, and the record or appendix and the petitioner's brief must be served and filed on or before that date; and it is further,

ORDERED that the motion is otherwise denied.

ANGIOLILLO, J.P., DICKERSON, LOTT and MILLER, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court