Matter of Failing v Fiala
Motion No: 2012-06215
Slip Opinion No: 2012 NY Slip Op 78797(U)
Decided on July 13, 2012
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

M140669

E/sl

THOMAS A. DICKERSON, J.P.

ARIEL E. BELEN

LEONARD B. AUSTIN

JEFFREY A. COHEN, JJ.

2012-06215

In the Matter of Shawn Failing, appellant,

v Barbara J. Fiala, etc., respondent.

(Index No. 12-328)

DECISION & ORDER ON MOTION

Motion by the appellant, in effect, to stay enforcement of a determination of the New York State Department of Motor Vehicles dated March 31, 2011, which suspended his driver's license, pending hearing and determination of an appeal from a judgment of the Supreme Court, Rockland County, dated May 29, 2012.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the motion is denied.

DICKERSON, J.P., BELEN, AUSTIN and COHEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court