Opinion
2021-76283 Motion 2021-03743
12-21-2021
In the Matter of the Application of Casino Towing Service, Inc., Petitioner-Appellant, v. The New York City Department of Consumer and Worker Protection, Respondent-Respondent. For a Judgment Pursuant to Article 78 of the Civil Practice Law and Rules, Index No. 151410/2021 No. 2021-03962
Unpublished Opinion
MOTION DECISION
Present - Hon. Barbara R. Kapnick, Justice Presiding, Ellen Gesmer Tanya R. Kennedy Saliann Scarpulla Martin Shulman, Justices.
An appeal having been taken from an order of the Supreme Court, New York County, entered on or about October 13, 2021, which denied and dismissed petitioner's petition seeking to modify or annul a final determination of respondent, dated January 14, 2021, which suspended petitioner's tow truck company license, And petitioner having moved to stay all proceedings to enforce the order and to enjoin and restrain respondent from prohibiting petitioner from continuing to operate under its tow truck company license, pending hearing and determination of the appeal, And an interim stay of the license suspension having been granted by order of a Justice of this Court, dated November 4, 2021, on condition that petitioner maintain the legally required levels of insurance, Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon,
It is ordered that the motion is granted and the license suspension stayed, pending the hearing and determination of the appeal, on condition that petitioner-perfects the appeal for the April 2022 Term of this Court and on the further condition that petitioner continues to maintain the legally required levels of insurance, as directed by the aforesaid interim order of a Justice of this Court, dated November 4, 2021. Petitioner shall provide respondent with proof of insurance within five (5) days of the date of this order.