| Matter of Isakov v New York State Department of Motor Vehicles |
| Motion No: 2020-03467 |
| Slip Opinion No: 2020 NY Slip Op 68964(U) |
| Decided on July 22, 2020 |
| Appellate Division, Second 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. |
Appellate Division: Second Judicial Department
M271984
E/sl
MARK C. DILLON, J.P.
JEFFREY A. COHEN
COLLEEN D. DUFFY
HECTOR D. LASALLE, JJ.
|
2020-03467 In the Matter of Ifil Isakov, petitioner, v New York State Department of Motor Vehicles, respondent. (Index No. 3293/2019)
| DECISION & ORDER ON MOTION |
Proceeding pursuant to CPLR article 78, transferred to this Court by order of the Supreme Court, Kings County, dated September 13, 2019, which was deemed dismissed pursuant to 22 NYCRR 1250.10(a), and appeal from the order dated September 13, 2019. Motion by Ifil Isakov, in effect, to vacate the dismissal of the proceeding, to extend the time to perfect the proceeding, to stay the suspension of his driver's license pending hearing and determination of the proceeding, and, in effect, for summary reversal.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that on the Court's own motion, the appeal is dismissed, without costs or disbursements (see CPLR 5701, 7804[g]); and it is further,
ORDERED that the branches of the motion which are, in effect, to vacate the dismissal of the proceeding and to extend the time to perfect the proceeding are granted, the dismissal of the proceeding pursuant to 22 NYCRR 1250.10(a) is vacated, the time to perfect the proceeding is extended, and on or before September 18, 2020, the petitioner shall serve the record or appendix and the petitioner's brief and upload digital copies of the record or appendix and the petitioner's brief, with proof of service thereof, through the digital portal on this Court's website, and file an original and five hard copies of the record or appendix and the petitioner's brief in accordance with any applicable administrative order or other order to be issued by the Court; and it is further,
ORDERED that the branch of the motion which is to stay the suspension of the petitioner's driver's license is denied as unnecessary in light of the provision of the order dated September 13, 2019, which stayed the suspension of his driver's license; and it is further,
ORDERED that the motion is otherwise denied.
DILLON, J.P., COHEN, DUFFY and LASALLE, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court