| Matter of Rodriguez v New York State Deparment of Motor Vehicles |
| Motion No: 2023-04609 |
| Slip Opinion No: 2024 NY Slip Op 69067(U) |
| Decided on June 7, 2024 |
| 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
M296877
ID/
BETSY BARROS, J.P.
ROBERT J. MILLER
BARRY E. WARHIT
JANICE A. TAYLOR, JJ.
|
2023-04609 In the Matter of Angel I. Rodriguez, petitioner, v New York State Department of Motor Vehicles, et al., respondents. (Index No. 69467/2022)
| DECISION & ORDER ON MOTION |
Proceeding pursuant to CPLR article 78, which was transferred to this Court by order of the Supreme Court, Westchester County, dated February 24, 2023, and 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 and to extend the time to perfect the proceeding.
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 motion is granted, the dismissal of the proceeding pursuant to 22 NYCRR 1250.10(a) is vacated, and on or before July 8, 2024, the petitioner shall cause the original papers constituting the record on the proceeding to be filed in the office of the Clerk of this Court (see 22 NYCRR 1250.9[a][5]), and shall serve and file the petitioner's brief via NYSCEF, if applicable, or, if NYSCEF is not mandated, shall serve the petitioner's brief, and upload a digital copy of the petitioner's brief, with proof of service thereof, through the digital portal on this Court's website.
BARROS, J.P., MILLER, WARHIT and TAYLOR, JJ., concur.
ENTER:
Darrell M. Joseph
Clerk of the Court