Appellate Division: Second Judicial Department

M141710

T/sl

PETER B. SKELOS, J.P.

L. PRISCILLA HALL

LEONARD B. AUSTIN

JEFFREY A. COHEN, JJ.

2011-07710 In the Matter of Tony's Towing Service, Inc., doing business as Salamis Service Station, petitioner, v David J. Swarts, etc., respondent. (Index No. 4775/11)

DECISION & ORDER ON MOTION

Motion by the petitioner to recall and vacate so much of a decision and order on motion of this Court entitled "In the Matter of the Dismissal of Causes for Failure to Perfect - April 2012 Calendar", dated April 18, 2012, as dismissed a proceeding pursuant to CPLR article 78, which was transferred to this Court by order of the Supreme Court, Queens County, dated August 16, 2011, pursuant to 22 NYCRR 670.8(e) for failure to timely perfect, to reinstate the proceeding, to enlarge the time to perfect the proceeding, in effect, to reinstate the provision of the order dated August 16, 2011, which stayed enforcement of the determination of the New York State Department of Motor Vehicles dated September 21, 2007, revoking its repair shop registration, and to stay enforcement of a reinstated notice of revocation of repair shop registration dated July 16, 2012, pending hearing and determination of the proceeding.

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

ORDERED that the motion is granted, so much of the decision and order on motion of this Court dated April 18, 2012, as dismissed the above-entitled proceeding is recalled and vacated, the proceeding is reinstated, the petitioner's time to perfect the proceeding is enlarged, the provision of the order dated August 16, 2011, which stayed enforcement of the determination of the New York State Department of Motor Vehicles dated September 21, 2007, revoking the petitioner's repair shop registration is reinstated, and enforcement of the reinstated notice of revocation of repair shop registration dated July 16, 2012, is stayed pending hearing and determination of the proceeding on condition that on or before September 20, 2012, the petitioner perfect the proceeding by serving and filing the record or appendix on the proceeding and the petitioner's brief; and it is further,

ORDERED that in the event the proceeding is not perfected on or before September 20, 2012, the Court, on its own motion, may vacate the stay, without further notice, or the respondent may move to vacate the stay, on three days notice.

SKELOS, J.P., HALL, AUSTIN and COHEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court