S. Point Auto Ctr., Inc. v. N.Y. State Dep't of Motor Vehicles

Full title: In the Matter of SOUTH POINT AUTO CENTER, INC., Petitioner, v. NEW YORK…

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

Date published: Aug 24, 2017

2017 N.Y. Slip Op. 84421 (N.Y. App. Div. 2017)

Opinion

Motion No: 525332

08-24-2017

In the Matter of SOUTH POINT AUTO CENTER, INC., Petitioner, v. NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES et al., Respondents.

Peters, P.J., McCarthy, Devine and Clark, JJ., concur.

DECISION AND ORDER ON MOTION

Motion to dismiss proceeding for failure of prosecution.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the proceeding is dismissed, without costs, unless petitioner shall file and serve a record on review and brief on or before October 10, 2017, in which event the motion to dismiss is denied.

Peters, P.J., McCarthy, Devine and Clark, JJ., concur.

ENTER:

Robert D. Mayberger

Clerk of the Court