Appellate Division: Second Judicial Department

M282911

MB/

COLLEEN D. DUFFY, J.P.

VALERIE BRATHWAITE NELSON

ANGELA G. IANNACCI

PAUL WOOTEN, JJ.

2021-05228 In the Matter of Sahara Construction Corp., petitioner, v New York City Office of Administrative Trials and Hearings (OATH), et al., respondents. (Index No. 725072/2020)

DECISION & ORDER ON MOTION

Proceeding pursuant to CPLR article 78, which was transferred to this Court by order of the Supreme Court, Queens County, dated June 21, 2021. Motion by the petitioner pursuant to 22 NYCRR 1250.10(a) to vacate the dismissal of the proceeding, and to stay the enforcement of penalties and restitution assessed against the petitioner, pending hearing and determination of the proceeding.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the branch of the motion which is to vacate the dismissal of the proceeding is granted, the dismissal of the proceeding pursuant to 22 NYCRR 1250.10(a) is vacated, 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 12, 2022; and it is further,

ORDERED that the branch of the motion which is to stay enforcement of penalties and restitution assessed against the petitioner, pending hearing and determination of the proceeding is denied.

DUFFY, J.P., BRATHWAITE NELSON, IANNACCI and WOOTEN, JJ., concur.

ENTER:

Maria T. Fasulo

Clerk of the Court