In the Matter of the Application of Frederico A. Paulino

Motion No: M-2648

Slip Opinion No: 2018 NYSlipOp 79320(U)

Decided on August 2, 2018

Appellate Division, First 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.

August 2, 2018

In the Matter of the Application of

Frederico A. Paulino, doing business as,

K & A Auto Clinic, Frederico A. Paulino

and Ramon N. DeLaCruz,

Petitioners-Appellants,

For a Judgment Pursuant to Article 78 of the Civil Practice Law and Rules, DC #12

v

New York State Department of Motor Vehicles,

Barbara J. Fiala, as Commissioner of the

New York State Department of Motor Vehicles,

and Deborah Dugan, Chairperson of the Appeals

Board of the New York State Department of

Motor Vehicles,

Respondents-Respondents.

A proceeding having been transferred to this Court, pursuant to CPLR 7804(g), by order of the Supreme Court, New York County, entered on or about February 17, 2017, And said proceeding not having been brought on for hearing pursuant to the provisions of the Rules of Practice of the Appellate Division, First Department,And a calendar call having been held by the Clerk of the Court on May 31, 2018, pursuant to Rule 600.12(c) of said Rules of Practice, and there being no response by counsel and/or appellant, Now, upon the Court's own motion, it is Ordered that the motion is granted and the appeal is dismissed. ENTERED: August 2, 2018

_____________________ CLERK

Present - Hon. Rosalyn H. Richter, Justice Presiding, Peter Tom Angela M. Mazzarelli Ellen Gesmer Peter H. Moulton, Justices

M-2648

Index No. 260587/16