| Matter of Resto v State of New York, Department of Motor |
| Motion No: 2014-02704 |
| Slip Opinion No: 2016 NY Slip Op 70058(U) |
| Decided on April 11, 2016 |
| 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
M209818
E/ct
MARK C. DILLON, J.P.
LEONARD B. AUSTIN
SHERI S. ROMAN
BETSY BARROS, JJ.
|
2014-02704 In the Matter of Victor Resto, petitioner, v State of New York, Department of Motor Vehicles, respondent. (Index No. 14-218)
| DECISION & ORDER ON MOTION |
Motion by the respondent for leave to reargue a proceeding pursuant to CPLR article 78, to review a determination of the New York State Department of Motor Vehicles Administrative Appeals Board dated November 26, 2013, which was determined by decision and judgment of this Court dated January 13, 2016. Cross motion by the petitioner to punish the respondent for contempt, to compel the respondent to issue a driver license to him, to impose a sanction upon the respondent, and for an award of counsel fees.
Upon the papers filed in support of the motion and the cross motion, and the papers filed in opposition thereto, it is
ORDERED that the motion is denied; and it is further,
ORDERED that the branch of the cross motion which is to hold the respondent in contempt is denied, without prejudice to renew, if the respondent New York State Department of Motor Vehicles fails to grant the application of Victor Resto for a driver license on or before May 16, 2016; and it is further,
ORDERED that the cross motion is otherwise denied.
DILLON, J.P., AUSTIN, ROMAN and BARROS, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court