| IN THE MATTER OF JOHN FALBO, JR. V BARBARA J. FIALO, NEW YORK STATE COMMISSIONER OF MOTOR VEHICLES |
| Motion No: TP 12-01670 |
| Slip Opinion No: 2012 NY Slip Op 93600(U) |
| Decided on December 13, 2012 |
| 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. |
PRESENT: SCUDDER, P. J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.
DOCKET NO. TP 12-01670
| IN THE MATTER OF JOHN FALBO, JR., PETITIONER, V
BARBARA J. FIALO, NEW YORK STATE COMMISSIONER OF MOTOR VEHICLES, RESPONDENT. |
Petitioner having moved to vacate the dismissal of 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 Oneida on August 25, 2011,
Now, upon reading and filing the affidavit of John Falbo, Jr., sworn to November 19, 2012, and the notice of motion with proof of service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that the motion insofar as it seeks to vacate dismissal of the appeal is denied, with leave to renew upon timely filing and serving a new motion that includes an affidavit setting forth sufficient facts to demonstrate a meritorious appeal (see 22 NYCRR 1000.13 [g]).
Entered: December 13, 2012
Frances E. Cafarell, Clerk