Opinion
2013-04811 Index No. 4450/13 M156566
05-17-2013
In the Matter of Jeffrey B. Wagner, petitioner, v. Barbara J. Fiala, etc., et al., respondents.
, J.P.
LEONARD B. AUSTIN
JEFFREY A. COHEN
ROBERT J. MILLER, JJ.
DECISION & ORDER ON MOTION
Motion by the petitioner to stay, nunc pro tunc, the revocation of his motor vehicle driver's license, pending hearing and determination of a proceeding pursuant to CPLR article 78, which was transferred to this Court by an order of the Supreme Court, Nassau County, dated May 6, 2013.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is granted to the extent that the respondents are stayed from enforcing the determination revoking the petitioner's motor vehicle driver's license pending hearing and determination of the proceeding on condition that the proceeding is perfected on or before June 17, 2013, and the motion is otherwise denied; and it is further,
ORDERED that in the event the proceeding is not perfected on or before June 17, 2013, the Court, on its own motion, may vacate the stay, without further notice, or the respondents may move to vacate the stay, on three days notice.
DICKERSON, J.P., AUSTIN, COHEN and MILLER, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court