| 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: 2013 NY Slip Op 62421(U) |
| Decided on January 23, 2013 |
| 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 December 21, 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 is granted, on the condition that petitioner files and serves a brief on this proceeding or before February 22, 2013, and
It is further ORDERED that respondent's brief shall be filed and served on or before March 29, 2013, and the Clerk is directed to accept the brief for filing.
Entered: January 23, 2013
Frances E. Cafarell, Clerk