Appellate Division: Second Judicial Department

M167507

E/ct

DANIEL D. ANGIOLILLO, J.P.

THOMAS A. DICKERSON

LEONARD B. AUSTIN

SHERI S. ROMAN, JJ.

2013-03565 In the Matter of Quick Chek, petitioner, v New York State Department of Health, et al., respondents. (Index No. 5275/11)

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 - July 2013 Calendar," dated August 5, 2013, as dismissed a proceeding pursuant to CPLR article 78, which was transferred to this Court by order of the Supreme Court, Orange County, dated February 1, 2012, pursuant to 22 NYCRR 670.8(e) for failure to timely perfect, to reinstate the proceeding, to enlarge the time to perfect the proceeding, and to stay enforcement of the penalties assessed against the petitioner, 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; and it is further,

ORDERED that so much of the decision and order on motion of this Court dated August 5, 2013, as dismissed the proceeding, is recalled and vacated, the proceeding is reinstated, the time to perfect the proceeding is enlarged until February 18, 2014, and the record or appendix and the petitioner's brief must be served and filed on or before that date; and it is further,

ORDERED that no further enlargement of time shall be granted; and it is further,

ORDERED that enforcement of the penalties assessed against the petitioner is stayed pending hearing and determination of the proceeding.

ANGIOLILLO, J.P., DICKERSON, AUSTIN and ROMAN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court