Opinion
DOCKET NO. CA 16-02013
11-29-2016
IN THE MATTER OF JACK G. FREEMAN, PETITIONER, v. J. DAVID SAMPSON, AS EXECUTIVE DEPUTY COMMISSIONER OF NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES, NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES, DEBORAH V. DUGAN, AS CHAIRMAN OF NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES APPEALS BOARD, AND NEW YORK STATE DEPARTMENT OF MOTOR VEHICLE ADMINISTRATIVE APPEALS BOARD, RESPONDENTS.
PRESENT:
Petitioner having moved for leave to appeal to this Court from a judgment (denominated "order") of the Supreme Court entered in the Office of the Clerk of the County of Erie on October 7, 2016,
Now, upon reading and filing the affirmation of David J. Pajak, Esq., dated October 31, 2016, the notice of motion with proof of service thereof, and the statement of Jeffrey W. Lang, Esq., dated November 7, 2016, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is denied on the ground that, so long as petitioner's motion was timely, it appears that petitioner has an appeal as of right from the judgment (denominated "order") (see CPLR 411; 5701 [a] [1]).
Memorandum: Petitioner's time to file and serve a notice of appeal is governed by CPLR 5514 (a).
Entered: November 29, 2016
Frances E. Cafarell, Clerk