| IN THE MATTER OF CHRISTOPHER KROLL V NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES |
| Motion No: TP 23-00737 |
| Slip Opinion No: 2023 NY Slip Op 70193(U) |
| Decided on July 10, 2023 |
| Appellate Division, Fourth 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. |
PRESENT: WHALEN, P.J., SMITH, PERADOTTO, LINDLEY, AND CURRAN, JJ.
TP 23-00737
| IN THE MATTER OF CHRISTOPHER KROLL, PETITIONER, V NEW YORK
STATE DEPARTMENT OF MOTOR VEHICLES, RESPONDENT. |
Petitioner having moved to vacate the dismissal of the proceeding transferred to this Court by order of the Supreme Court, Erie County, entered April 24, 2023,
Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted on the condition that petitioner's brief is filed and served in accordance with this Court's rules on or before August 14, 2023, and
It is further ORDERED that if petitioner's brief is so filed, then respondent's brief shall be filed and served in accordance with this Court's rules on or before September 13, 2023.
Entered: July 10, 2023
Ann Dillon Flynn
Clerk of the Court