| Matter of Darr Construction Equipment Corp. v New York State Departmen |
| Motion No: 2023-06224 |
| Slip Opinion No: 2024 NY Slip Op 78601(U) |
| Decided on November 20, 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
M300806
ID/
COLLEEN D. DUFFY, J.P.
ROBERT J. MILLER
DEBORAH A. DOWLING
PHILLIP HOM, JJ.
|
2023-06224 In the Matter of Darr Construction Equipment Corp., petitioner, v New York State Department of Economic Development, etc., et al., respondents. (Index No. 605660/2023)
| DECISION & ORDER ON MOTION |
Proceeding pursuant to CPLR article 78, which was transferred to this Court by order of the Supreme Court, Suffolk County, dated July 17, 2023, 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 December 20, 2024, the petitioner shall cause 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 shall serve and file the petitioner's brief via NYSCEF, if applicable, or, if NYSCEF is not mandated, 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.
DUFFY, J.P., MILLER, DOWLING and HOM, JJ., concur.
ENTER:
Darrell M. Joseph
Clerk of the Court