| Matter of Auto Palace, Inc. v Commissioner of New York Sta |
| Motion No: 2012-09405 |
| Slip Opinion No: 2012 NY Slip Op 90546(U) |
| Decided on November 16, 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. |
Appellate Division: Second Judicial Department
M146439
E/sl
PETER B. SKELOS, J.P.
L. PRISCILLA HALL
LEONARD B. AUSTIN
SYLVIA HINDS-RADIX, JJ.
|
2012-09405 In the Matter of Auto Palace, Inc., appellant, v Commissioner of New York State Department of Motor Vehicles, respondent. (Index No. 11295/12)
| DECISION & ORDER ON MOTION |
Motion by the appellant to stay enforcement of so much of a determination of the New York State Department of Motor Vehicles as suspended the appellant's dealer registration for a period of 90 days, pending hearing and determination of an appeal from a judgment of the Supreme Court, Queens County, entered October 3, 2012.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is granted, and enforcement of so much the determination of the New York State Department of Motor Vehicles as suspended the appellant's dealer registration for a period of 90 days, is stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before December 17, 2012; and it is further,
ORDERED that in the event the appeal is not perfected on or before December 17, 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 HINDS-RADIX, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court