Appellate Division: Second Judicial Department

M240168

E/ct

L. PRISCILLA HALL, J.P.

JEFFREY A. COHEN

BETSY BARROS

LINDA CHRISTOPHER, JJ.

2015-10560 In the Matter of Stephen Schoonmaker, petitioner, v New York State Department of Motor Vehicles, respondent. (Index No. 2308/15)

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," dated July 5, 2017, as dismissed the above-entitled proceeding pursuant to CPLR article 78, which was transferred to this Court by order of the Supreme Court, Dutchess County, dated October 19, 2015, to reinstate the proceeding, to enlarge the time to perfect the proceeding, and to stay the revocation of the petitioner's driver's license, 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, so much of the decision and order on motion dated July 5, 2017, as dismissed the above-entitled proceeding is recalled and vacated, the proceeding is reinstated, and the time to perfect the proceeding is enlarged until November 27, 2017; and it is further,

ORDERED that the revocation of the petitioner's driver's license is stayed pending hearing and determination of the proceeding on condition that the proceeding is perfected on or before November 27, 2017; and it is further,

ORDERED that in the event the proceeding is not perfected on or before November 27, 2017, the Court, on its own motion, may vacate the stay, without further notice, or the respondent may move to vacate the stay, on three days notice.

HALL, J.P., COHEN, BARROS and CHRISTOPHER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court