Myers v. Fiala

Full title: In the Matter of SCOTT MYERS, Petitioner, v. BARBARA J. FIALA, as…

Court: Appellate Division of the Supreme Court of the State of New York

Date published: Sep 22, 2016

2016 N.Y. Slip Op. 86462 (N.Y. App. Div. 2016)

Opinion

Motion No: 523447

09-22-2016

In the Matter of SCOTT MYERS, Petitioner, v. BARBARA J. FIALA, as Commissioner, New York State Department of Motor Vehicles, Respondent.

Peters, P.J., Lynch, Clark and Aarons, JJ., concur.

DECISION AND ORDER ON MOTION

Application for permission to appeal.

Application for permission to proceed as a poor person.

Cross motion to dismiss.

Upon the papers filed in support of the applications and the cross motion and the papers filed in opposition to the application for permission to appeal, it is

ORDERED that the cross motion to dismiss is granted, without costs, and it is further

ORDERED that the application for permission to appeal is referred to Justice Clark, who makes the following decision: Application denied, without costs. It is further

ORDERED that the application for permission to proceed as a poor person is granted, without costs, only to the extent that the filing fee required by CPLR 8022 for making the application for permission to appeal is waived.

Peters, P.J., Lynch, Clark and Aarons, JJ., concur.

ENTER:

Robert D. Mayberger

Clerk of the Court