| Matter of Linksman v New York State Department of Motor Vehicles |
| Motion No: 2020-01459 |
| Slip Opinion No: 2021 NY Slip Op 67251(U) |
| Decided on June 4, 2021 |
| 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
M277423
MB/
REINALDO E. RIVERA, J.P.
LEONARD B. AUSTIN
COLLEEN D. DUFFY
BETSY BARROS, JJ.
|
2020-01459 In the Matter of Charles Linksman, petitioner, v New York State Department of Motor Vehicles, et al., respondents. (Index No. 2587/2019)
| DECISION & ORDER ON MOTION |
Proceeding pursuant to CPLR article 78 which was transferred to this Court by order of the Supreme Court, Kings County, dated December 18, 2019, which was deemed dismissed pursuant to 22 NYCRR 1250.10(a). Motion by the petitioner pursuant to 22 NYCRR 1250.10(c) to vacate the dismissal of the proceeding, to extend the time to perfect the proceeding, and for poor person relief.
Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the branch of the motion which is to vacate dismissal of the proceeding is granted, the dismissal of the proceeding pursuant to 22 NYCRR 1250.10(a) is vacated; and it is further,
ORDERED that the branch of the motion which is to extend the time to perfect the proceeding is granted, and the petitioner's time to perfect the proceeding by causing the original papers constituting the record on the appeal to be filed in the office of the Clerk of this Court (see 22 NYCRR 1250.9[a][5]), and by serving and filing the petitioner's brief via NYSCEF, if applicable, or, if NYSCEF is not mandated, by serving the petitioner's brief, and uploading a digital copy of the petitioner's brief, with proof of service thereof, through the digital portal on this Court's website, is extended until July 19, 2021; and it is further,
ORDERED that the branch of the motion which for leave to prosecute the proceeding on the original papers is denied as unnecessary (see 22 NYCRR 1250.5[e][4]); and it is further,
ORDERED that the branch of the motion which is to waive payment of the filing fee is denied as unnecessary as no filing fee is payable in a proceeding pursuant to CPLR article 78 that was transferred to this Court by an order of the Supreme Court; and it is further,
ORDERED that the motion is otherwise denied.
RIVERA, J.P., AUSTIN, DUFFY and BARROS, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court