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IN THE MATTER OF A & U AUTO REPAIR v. NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES

No. 2015-04858, Index No. 1911/14.

135 A.D.3d 856 (2016)

24 N.Y.S.3d 342

2016 NY Slip Op 00360

In the Matter of A & U AUTO REPAIR, Appellant, v. NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES, Respondent.

Appellate Division of the Supreme Court of New York, Second Department.

Decided January 20, 2016.

Ordered that on the Court's own motion, the notice of appeal from the order dated January 9, 2015, is deemed to be an application for leave to appeal from so much of the order as denied that branch of the petition which alleged that the administrative law judge deprived the petitioner of due process by denying its request for an adjournment of the hearing, and leave to appeal from that portion of the order is granted (see CPLR 5701 [c]); and it is further,

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