Opinion
Motion No: 2011-11777 Index No. 19904/11 M142737
08-27-2012
In the Matter of Auto Palace, Inc., petitioner, v. Commissioner of New York State Department of Motor Vehicles, respondent.
, J.P.
JOHN M. LEVENTHAL
ARIEL E. BELEN
LEONARD B. AUSTIN, JJ.
DECISION & ORDER ON MOTION
Motion by the petitioner to recall and vacate so much of a decision and order on motion of this Court entitled "In the Matter of the Dismissal of Causes for Failure to Perfect - June 2012 Calendar," dated June 25, 2012, as dismissed a proceeding pursuant to CPLR article 78, which was transferred to this Court by order of the Supreme Court, Queens County, dated October 18, 2011, pursuant to 22 NYCRR 670.8(e) for failure to timely perfect, to reinstate the proceeding, to enlarge the time to perfect the proceeding, and, in effect, to stay the suspension of its dealer registration, 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 motion is granted, so much of the decision and order on motion of this Court dated June 25, 2012, as dismissed the above-entitled proceeding is recalled and vacated, the proceeding is reinstated, the petitioner's time to perfect the proceeding is enlarged until September 10, 2012, and the suspension of the petitioner's dealer registration is stayed pending hearing and determination of the proceeding on condition that on or before September 10, 2012, the petitioner perfect the proceeding by serving and filing the record or appendix on the proceeding and the petitioner's brief; and it is further,
ORDERED that in the event the proceeding is not perfected on or before September 10, 2012, the Court, on its own motion, may vacate the stay, without further notice, or the respondent may move to vacate the stay, on three days notice.
DICKERSON, J.P., LEVENTHAL, BELEN and AUSTIN, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court