IN THE MATTER OF PATRICK J. UNDERWOOD V BARBARA J. FIALA, NEW YORK STATE COMMISSIONER OF MOTOR VEHICLES AND ERIC T.
Motion No: CA 14-02175
Slip Opinion No: 2015 NY Slip Op 77317(U)
Decided on June 23, 2015
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.


June 23, 2015

PRESENT: SMITH, J.P., CARNI, LINDLEY, VALENTINO, AND DEJOSEPH, JJ.

DOCKET NO. CA 14-02175

IN THE MATTER OF PATRICK J. UNDERWOOD,

PETITIONER-RESPONDENT,

V

BARBARA J. FIALA, NEW YORK STATE COMMISSIONER OF MOTOR

VEHICLES, RESPONDENT-APPELLANT,

AND ERIC T. SCHNEIDERMAN, NEW YORK STATE ATTORNEY GENERAL,

RESPONDENT.


Respondent-appellant having moved to reschedule the appeal taken herein from an amended order and judgment of Supreme Court entered in the Office of the Clerk of the County of Monroe on June 3, 2014,

Now, upon reading and filing the affirmation of Jeffrey W. Lang, Esq., dated June 8, 2015, 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, and the appeal is removed from the day calendar for September 10, 2015, and shall be added to the day calendar for October 19, 2015, to be argued with an appeal from an order entered March 10, 2014.

Entered: June 23, 2015

Frances E. Cafarell, Clerk