In the Matter of the Application of Simon A. Pichardo

Motion No: M-3432

Slip Opinion No: 2019 NYSlipOp 77680(U)

Decided on August 20, 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 20, 2019

In the Matter of the Application of

Simon A. Pichardo,

Petitioner,

For a Judgment Pursuant to Article 78

of the Civil Practice Law and Rules, v

New York State Department of

Motor Vehicles,

Respondent.

An Article 78 proceeding to review a determination of respondent having been transferred to this Court, pursuant to CPLR 7804(g), by order of the Supreme Court, New York County, entered on or about March 28, 2018, and said proceeding having subsequently been dismissed pursuant to 22 NYCRR 1250.10(a), And petitioner having moved to vacate the dismissal of the proceeding, for an enlargement of time to perfect the proceeding and for a stay of revocation of his driver's license, Now, upon reading and filing the papers with respect to said motion, and due deliberation having been had thereon, It is ordered that the motion is granted, the dismissal vacated, the proceeding reinstated, and the time to perfect same is enlarged to the January 2020 Term. The order of a Justice

of this Court, entered on July 11, 2019, which granted an interim stay of petitioner's license revocation, is continued pending hearing and determination of the proceeding. ENTERED: August 20, 2019

_____________________ DEPUTY CLERK

Present - Hon. Judith J. Gische,Justice Presiding, Marcy L. Kahn Jeffrey K. Oing Anil C. Singh Peter H. Moulton,Justices

M-3432

Index No. 100800/17