For a Judgment Pursuant to
CPLR Article 78
Upon reading and filing the verified petition of Samuel H. Sloan, sworn to the 10th day of December 2001 and the exhibits attached thereto, and upon all of the papers and proceedings had herein
LET the respondents or their attorneys show cause at IAS Part 8, Room 540, of this court to be held at the Courthouse, 60 Centre Street, New York, NY on the _____ day of December 2001 at _____ o'clock in the forenoon of that day or as soon thereafter as counsel may be heard why an order should not be made:
1. Directing the respondents to issue TLC License number 5081212 or TLC License number 496476.
2. Directing full refund of all the moneys and school fees paid by petitioner for the issuance of TLC Licenses, both license number 5081212 and 5093363, because petitioner should have been allowed to renew license number 496476.
3. Vacating the fine $280 and four points on the license issued by ALJ Bin K. Huang, inasmuch as this matter has been on appeal for more than five months with no response from the TLC.
4. Requiring the respondents to produce for copying the entire file of license numbers 496476, 5081212 and 5093363 plus the decision of ALJ Greaves, the transcript of the hearing before ALJ Greaves, the complaints submitted by Michelle Manzione and Robin at the airport and any other documents or evidence pertaining to that hearing or to this case.
5. Enjoining the holding of the hearing before the TLC now set for December 13, 2001 and reinstating petitioner's license number 5093363.
Sufficient cause appearing therefore, let personal service of a copy of this order, and the verified petition and other papers upon which this order is granted upon the respondents New York City Taxi and Limousine Commission and the Corporation Counsel of the City of New York on or before the ___ day of December, 2001 be deemed good and sufficient. A copy of an affidavit or other proof of service shall be filed with the County Clerk immediately after service and the original thereof shall be presented to this court on the return date directed in the second paragraph of this order, and in the meantime it is
ORDERED that pending hearing and determination of this application the respondents are directed to issue taxi license number 5081212 and to stay the suspension of taxi license number 5093363 and it is further
ORDERED that the hearing scheduled before the Taxi and Limousine Commission now set for December 13, 2001 is hereby stayed.
J. S. C.