Jeff Smith v City of New York Taxi and Limousine Commission

Motion No: M-2668

Slip Opinion No: 2019 NYSlipOp 76833(U)

Decided on August 6, 2019

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 6, 2019

Jeff Smith,

Petitioner,

For an Order Pursuant to Article 78

of the Civil Practice Law and Rules

v

City of New York, Taxi and

Limousine Commission,

Respondents.

An Article 78 proceeding to review a determination of respondents having been transferred to this Court, pursuant to CPLR 7804(g), by order of the Supreme Court, New York County, entered on or about December 12, 2016, And petitioner having moved to vacate the dismissal of the proceeding pursuant to 22 NYCRR 1250.10(c) and, upon vacatur, for an enlargement of time to perfect same, and for poor person relief, Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon, It is ordered that the branch of the motion seeking to vacate the dismissal of the proceeding is granted, and the proceeding is reinstated on condition that it is perfected by the November 2019 Term. That branch of the motion seeking poor person relief is granted to the extent of permitting the proceeding to be heard on the original record and upon a reproduced appellant's brief, on condition that appellant serves one copy of such brief upon the attorney for respondent and files an original, five hard copies and, if represented by counsel, one

digital copy of such brief, together with the original record, pursuant to Section 1250.9 of the Practice Rules of the Appellate Division. Appellant is permitted to dispense with payment of the required fee for the subpoena and filing of the record. ENTERED: August 6, 2019

_____________________ DEPUTY CLERK

PRESENT: Hon. John W. Sweeny, Jr., Justice Presiding,Dianne T. Renwick Rosalyn H. Richter Sallie Manzanet-Daniels Peter Tom,Justices

M-2668

Index No. 100525/16