Appellate Division: Second Judicial Department

M239770

E/afa

JOHN M. LEVENTHAL, J.P.

BETSY BARROS

VALERIE BRATHWAITE NELSON

LINDA CHRISTOPHER, JJ.

2016-02836 In the Matter of Tahir Young, petitioner, v New York State Department of Motor Vehicles, et al., respondents. (Index No. 10982/15)

DECISION & ORDER ON MOTION

Motion by the petitioner, inter alia, 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" dated July 5, 2017, as dismissed a proceeding pursuant to CPLR article 78, which was transferred to this Court by an order of the Supreme Court, Nassau County, dated March 9, 2016, to reinstate the proceeding, to enlarge the time to perfect the proceeding, and for leave to perfect the proceeding on the original papers.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the branches of the motion which are to recall and vacate so much of the decision and order on motion of this Court dated July 5, 2017, as dismissed the proceeding, to reinstate the proceeding, and to enlarge the time to perfect the proceeding are granted, so much of the decision and order on motion of this Court dated July 5, 2017, as dismissed the proceeding is recalled and vacated, the proceeding is reinstated, the time to perfect the proceeding is enlarged until December 4, 2017, and the record and the petitioner's brief shall be served and filed on or before that date; and it is further,

ORDERED that the motion is otherwise denied.

LEVENTHAL, J.P., BARROS, BRATHWAITE NELSON and CHRISTOPHER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court